Welcome to VuNOVA.
VuNOVA's products and services are provided by VuNOVA, Inc. These terms and conditions of use ("Terms") govern your use of VuNOVA's websites, mobile applications, products, and services (collectively, the "Services"), so please read them carefully.
By accessing this website or using the Services, you are agreeing to the Terms, If you have any questions, please contact us at email@example.com
1. Using our services
You may use our Services only if you can form a contract with VuNOVA. No use of the Services is permitted by those under the age of majority in their state of residence. In no event is use of the Services permitted by those under the age of 13. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Consultants, Test Prep Centers and Ambassadors are independent sources, listed on our website for general purpose only. We have no affiliation with any of them, and are not responsible for any actions.
2. The VuNOVA Rating
An VuNOVA Rating reflects VuNOVA's assessment of a given consultant, based upon the information obtained by or submitted to VuNOVA. Someone else's assessment of the same consultant may be very different, or be based upon different information. An VuNOVA Rating is not an endorsement of any particular consultant, and is not a guarantee of a consultant's quality, competency, or character. Nor is the VuNOVA Rating a predictor of the outcome of any matter in which such consultant is involved. Rather, the VuNOVA Rating is intended to be a starting point to gather information about consultants who may be suitable for your consultation needs - but you should not rely solely on the VuNOVA Rating in deciding whether to contact or hire any given consultant.
3. Information on the services
Our Services display both VuNOVA-created content and content that is not created or developed by VuNOVA (the "Legal Information"). We may review third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not routinely screen third-party content that is published via our Services. This includes the Legal Information that consultants post on VuNOVA, and we cannot guarantee the accuracy, adequacy or quality of any such Legal Information, or the qualifications of those posting it.
4. Client relationship
The Information found on VuNOVA is intended for general informational purposes only and should be used only as a starting point for addressing your issues or questions. The information provided by VuNOVA is not a substitute for an in-person or telephonic consultation with a consultant well known to your specific issue, and you should not rely on such Information. You understand that questions and answers or other postings to the Services are not confidential. Information or services provided here does not guarantee success. Client should not rely entirely on information provided here, and should treat services here as suggestions.
5. Services for consumers
VuNOVA is a platform where consultants unaffiliated with VuNOVA can offer information and interact with consumers. We provide a number of methods by which you can purchase services or have a direct, confidential discussion of your legal issues with a consultant. Although some of these methods involve VuNOVA processing a transaction on your behalf, in all instances, VuNOVA is simply the intermediary in such transactions. You are liable for paying the consultant for the services provided. VuNOVA has no liability, either primarily or secondarily, for paying the consultant other than as an agent on your behalf. The fees you pay for such services are charged by the consultant and passed through to the consultant once services have been rendered. Any relationship formed as a result of such discussions is between you and the consultant you speak with—not between you and VuNOVA. Furthermore, you understand that VuNOVA cannot be held responsible for the quality or accuracy of any information provided by consultants you connect with via VuNOVA.
6. Your Responsibilities
You are responsible for all activities under your account, including all legal liability incurred from the use of your profile by you or others. You may not give access to your profile, or disclose your password to others. You may not harvest Content for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your profile information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents’ and representatives’) changes, edits, modifications or additions to the information and/or data you receive through VuNova. We are not responsible if your profile or account is compromised if any of your devices containing your profile (such as a mobile device) is lost or stolen. You are responsible for notifying us immediately if your profile has been compromised.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with VuNOVA's Designated Copyright Agent:
Images and contents on this website are for general information purpose and fair use only, and all the care was taken to protect the copyright law. If there is any material on our website which is protected by copyright law, please email us at firstname.lastname@example.org. We will take immediate actions to remove images or contents which are protected by copyright law.
8. Disclaimers and acknowledgements regarding use of information
While VuNOVA strives to provide—and to allow consultants to provide—useful information regarding consultants and services, there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion. VUNOVA DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, VUNOVA AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR SOFTWARE. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." VUNOVA ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VUNOVA OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, NO ADMISSION, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY CONSULTATION; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE;
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VUNOVA, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.
10. User posted content & other interactive services or areas
VuNOVA includes interactive areas in which you may post content and information, including peer endorsements and user reviews, questions and answers, comments, photos, and other materials (the "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to VuNOVA. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to comply with the VuNOVA. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
When you post User Content to VuNOVA, you give VuNOVA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the VuNOVA platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
You agree to defend, indemnify and hold harmless VuNOVA, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
VuNOVA may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
13. Mandatory Arbitration and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. You may send us the details of your concern to email@example.com. However, if VuNOVA is not able to informally resolve your complaint, you and VuNOVA agree to individual binding arbitration under JAMS Alternative Dispute resolution (“JAMS”) and the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. The arbitration will be conducted under the JAMS Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes and the arbitrator’s decision will be final except for a limited right of review under the FAA. The following applies to any arbitration proceedings between you and VuNOVA:
Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought. This notice may be sent via email or U.S. firstname.lastname@example.org
Any arbitration must be commenced by filing a demand for arbitration with JAMS within ONE (1) YEAR from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead. You may choose the location of any in-person hearing from either your county of residence; or, if you are a business, the county of your principal place of business; or, VuNOVA’s principal place of business in Orange County, WA.
The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgment upon any award may be entered in any court holding jurisdiction.
Notwithstanding our agreement to arbitrate disputes as provided above, the following EXCEPTIONS will apply to the resolution of disputes between us:
Small Claims Court. If the claim qualifies, either you or VuNOVA may bring an action in small claims court in Orange County, WA. Any small claims court action must be filed within one year from when it first could be filed. Otherwise, the claim is permanently barred.
Disputes not Covered by Arbitration. In the event that arbitration is found to be inapplicable or unenforceable for any reason, or if you exercise the option to opt-out of arbitration as provided below, the claim at issue will be brought under judicial proceedings in federal or state courts in Orange County, WA, and you and VuNOVA consent to personal jurisdiction and exclusive venue in such courts.
Option to Opt Out of Arbitration.You may opt out of this agreement to arbitrate. If you do so, neither you nor VuNOVA can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to the arbitration provision in these Terms. To opt out you must send us a clear statement that you want to opt out of arbitration, along with your name, residence or business address, and the email address associated with your account to: email@example.com.
NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.
14. Applicable law
The laws of the State of California, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services.
Notwithstanding any of these Terms, VuNOVA reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. VuNOVA reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
16. Entire agreement
These Terms constitute the entire agreement between you and VuNOVA with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.
17. Waiver, severability, and assignment
VuNOVA's failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. VuNOVA may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.18. Disclaimer of Warranties
We provide VuNova “as is”, “with all faults” and “as available.” YOUR USE OF VUNOVA IS AT YOUR OWN RISK. Our Contributors and we make no express warranties or guarantees about VuNova and its Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT VUNOVA AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF VUNOVA. WE DO NOT GUARANTEE THAT VUNOVA WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE VUNOVA AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.19. Limitation of Liability
EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION for SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND VENDOR SERVICES ARE PROVIDED “AS IS.” VuNova does not guarantee (a) the appearance and/or location of any listing, (b) the level of results you will achieve from the Service or (c) that the Service will meet your requirements.
20. Questions and contact information
If you have any question regarding the use of the Site, please refer first to the FAQ. All other questions or comments about the Site or its contents should be directed to firstname.lastname@example.org