The site and services are provided on an “as is,” “where is,” “as available” and “with all faults” basis and, to the fullest extent permitted by law, are provided without warranty of any kind. “My Virtual Institute” disclaim all warranties with respect to the site and services, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties regarding quiet enjoyment, quality of information, security, reliability, timeliness, availability of backed-up data and performance of the site and services. “My Virtual Institute” does not warrant that the site and services will meet your requirements, or that the operation of the site and services will be uninterrupted or error-free, or that defects in the site and services will be corrected in a timely manner or at all, or that encryption algorithms, associated keys and other security measures will be secure or effective. “My Virtual Institute” does not warrant that provision of instructor services will produce any level of profit or business for you or otherwise provide any economic benefit.
You acknowledge and agree that:
- (a) “My Virtual Institute”does not operate or control the internet and that
(i) viruses, worms, Trojan horses, and other undesirable data or software, or
(ii) unauthorized users (e.g., hackers) may attempt to obtain access to and damage your data, websites, computers, or networks;
- (b) “My Virtual Institute” will not be responsible for any of the foregoing activities;
- (c) you are solely responsible for the security and integrity of your data and systems; and
- (d) no advice or information, whether oral or written, obtained from “My Virtual Institute” or through the
site, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with teachers and other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services, including, without limitation, any interaction with instructors or users via the services or otherwise. You understand that “My Virtual Institute” does not screen or inquire into the background of instructor’s, users or other users of the site or services, nor does “My Virtual Institute” make any attempt to verify the statements of instructors, users and other users of the site or services. “My Virtual Institute” makes no representations or warranties as to the conduct of instructors, users or other users of the site or services or their compatibility with any current or future users or users of the site or services. You agree to take reasonable precautions in all communications and interactions with other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services.
Your obligations and conduct
In consideration of your use of the Site, you agree:
1. That you are of legal age and have capacity to agree to these Terms;
2. To provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Data”);
3. To maintain the security of your password and identification;
4. To maintain and promptly update the Registration Data and any information you provide to “My Virtual Institute”, to keep it accurate, current and complete; and
5. To accept all risks of unauthorized access to information and Registration Data.
6. You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site (“Content”). 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 “My Virtual Institute” 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. “My Virtual Institute” 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.
Use of Website
You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that “My Virtual Institute”, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a user with or without notice.
Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
1. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
2. Use the Site 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;
3. 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;
4. Upload files that contain 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;
5. Take any action that would undermine any aspect of the Site;
6. Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
7. Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
8. Impersonate another person or allow any other person or entity to use your user name, password or membership;
9. Post the same content repeatedly or spam – spamming is strictly prohibited;
10. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site;
11. Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
12. Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
13. Restrict or inhibit any other user from using and enjoying the Site.
14. By using the site, 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 Site:
a. You have and will at all times comply with all laws and regulations;
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 offence that involves endangering the safety of others;
ii. has been convicted of a crime of any nature, including any felony, including without limitation any sexual, child abuse or domestic violence offences; 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 charges of any kind, including without limitation sexual, child abuse or domestic violence offences.
Truthfulness of your information
By using the Site, you understand and agree that “My Virtual Institute” may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that “My Virtual Institute” 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 Site.
Confidentiality of “My Virtual Institute”information
You may obtain direct access via the Site to certain confidential information of “My Virtual Institute” and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with “My Virtual Institute” and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence:
1. you possessed prior to your receipt from “My Virtual Institute”, without an obligation to maintain its confidentiality;
2. is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms;
3. you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential;
4. you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or
5. in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to “My Virtual Institute” adequate to afford “My Virtual Institute” the opportunity to object to the disclosure.
Content submitted to the site
“My Virtual Institute” does not claim ownership of the Content that you place on the website 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. “My Virtual Institute” shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant “My Virtual Institute” 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 for the worldwide transfer and processing among “My Virtual Institute”, its affiliates, and third-party providers of any information that you may provide on the Site.
Terms of transacting business
You understand and agree to abide by “My Virtual Institute” instructor and student payment policies. You agree that you are willing to pay all costs through “My Virtual Institute”. These costs include but are not limited to:
1. Hourly rate as listed;
2. Travel and transportation fees;
3. Cancellation fees
4. Commission arrangement between the instructor and “My Virtual Institute”.