VIRTUAL NERD LLC (“VIRTUAL NERD”, “WE” OR “US”) INTERNET WEB SITE TERMS OF USE
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND VIRTUAL NERD AND GOVERN YOUR ACCESS TO, AND USE OF, THE VIRTUAL NERD WEBSITE LOCATED AT WWW.VIRTUALNERD.COM TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. VIRTUAL NERD MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. VIRTUAL NERD CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.
General Use Restrictions
VIRTUAL NERD provides educational content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) are made available to you by VIRTUAL NERD and are the copyrighted and/or trademarked work of VIRTUAL NERD or VIRTUAL NERD’s contributors.
VIRTUAL NERD grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services on this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, or any Materials.
Password Restricted Areas of this Site
You may need a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify VIRTUAL NERD if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify VIRTUAL NERD of any unauthorized use of your account or any other breach of security in relation to this Site known to you.
Payment and Electronic Communications
You are expressly agreeing that VIRTUAL NERD is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with VIRTUAL NERD in connection with your use of the Site and/or services offered through the Site and that the fees will be billed to the credit card or your PayPal account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. If payment is not received or cannot be charged to your credit card or PayPal account for any reason in advance of the applicable subscription period, VIRTUAL NERD reserves the right to either suspend or terminate your access to the Site and/or any services offered through the Site and terminate these Terms. All fees are non-refundable.
By using the Site, you consent to receiving electronic communications from VIRTUAL NERD. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and services. These electronic communications are part of your relationship with VIRTUAL NERD and you receive them as part of your subscription to the Site and/or services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
If you have purchased a paid subscription to the Site and services, your subscription will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period unless you have terminated your subscription prior to the next renewal period. You may terminate your subscription to the Site and services at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods but any subscription fees you have paid in advance will not be refunded.
You acknowledge and agree that VIRTUAL NERD will automatically charge your credit card or PayPal account on record with VIRTUAL NERD for the then-current subscription period upon the commencement of any renewal period.
Privacy Policy
Your use of this Site is governed by the VIRTUAL NERD Privacy Policy, which is available at http://www.virtualnerd.com/legal/privacy/index.php (the “Privacy Policy”).
Third Party Content
Certain information and other content may be the material of third party licensors and suppliers to VIRTUAL NERD (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. VIRTUAL NERD DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites
This Site may be linked to other sites that are not VIRTUAL NERD sites. VIRTUAL NERD is providing these links to you only as a convenience, and VIRTUAL NERD is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
Prohibited Uses
When using this Site and/or the services, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site, except for accessing RSS feeds.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Artificially inflate or alter the ratings available on this Site or alter any comments on this Site.
This list of prohibitions provides examples and is not complete or exclusive. VIRTUAL NERD reserves the right to terminate your access to your account, your ability to post to this Site (or the services) with or without cause and with or without notice, for any reason or no reason, or for any action that VIRTUAL NERD determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. VIRTUAL NERD may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at VIRTUAL NERD’s discretion, VIRTUAL NERD will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require VIRTUAL NERD to monitor, police or remove any information submitted by you or any other user.
Unauthorized Activities
Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold VIRTUAL NERD and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) VIRTUAL NERD or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Proprietary Rights
VIRTUAL NERD is a trademark of VIRTUAL NERD in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of VIRTUAL NERD, Copyright © 2007-2008 VIRTUAL NERD. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties
Your use of this Site and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by VIRTUAL NERD, and they may include inaccuracies or typographical or other errors. VIRTUAL NERD does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. VIRTUAL NERD has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by VIRTUAL NERD or our licensors.
VIRTUAL NERD, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. SPECIFICALLY, VIRTUAL NERD MAKES NO EXPRESS OR IMPLIED REPRESENTATION THAT THE USE OF THE SITE OR OUR SERVICES WILL RAISE YOUR GRADES OR TEST SCORES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VIRTUAL NERD DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
VIRTUAL NERD SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL VIRTUAL NERD BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF VIRTUAL NERD KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
VIRTUAL NERD controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
General
If you violate these Terms, VIRTUAL NERD may terminate and/or suspend your access to this Site without notice. VIRTUAL NERD has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Missouri. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. VIRTUAL NERD’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and VIRTUAL NERD and supersede all prior or contemporaneous negotiations, discussions or agreements between you and VIRTUAL NERD about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
