Virtrue, Inc. Privacy Policy

Updated: October 5, 2012

At Virtrue, Inc (“VIRTRUE”), we value your privacy and understand your need to keep personal information private. We believe that you should maintain control over what others see. In fact, that’s why we built Virtrue. We understand the value of a person’s network is both personal and professional. When you use the Virtrue system, we collect certain personally identifiable information. Supplying personal information to us is entirely voluntary.

By providing information to use our system, you have agreed to our terms and expressly and voluntarily acknowledge our information practices, as outlined in this policy. This privacy policy describes how Virtrue collects and uses the personal information you provide on our web site www.virtrue.us or through mobile applications. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information. Virtrue processes personal information on our servers located in the United States. We may process your personal information on a server located outside the country where you live and you understand that any information shared with us will be transferred to our servers in the United States.

TRUSTe. Virtrue has been awarded TRUSTe’s Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe’s program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program covers information collected through this Web site, www.virture.us and does not cover information that may be collected through our mobile applications. TRUSTe’s mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at contact@virtrue.us. If you are not satisfied with our response you can contact TRUSTe here.

Information we receive. On Virtrue, you give us information and we also pull public and private data to provide you with our services, including as a way to verify that you are you. This information includes: (1) data provided directly by you (such as your Billing Information, credit card number, and address), (2) data provided and authorized by you via APIs or other data collection means (Facebook, LinkedIn, and other sites), (3) information Virtrue receives when you access our site and services, such as information about your computer, browser, or device, potentially including your IP Address and other unique information and identifiers, and, (4) public information Virtrue may pull from other sources.

How we use your information. We may use all of the information we receive, including your personal information, to provide you with our services, including to verify your identity, respond to your customer service requests, and administer your account. We also may use this information to maintain, protect and improve our products and services, to protect us, you and others, and also to develop new products and services for you and others. We require a large amount of data to complete the verification process. However, the underlying data points including personal characteristics, photos, likes, comments and more are not shown to your potential transacting parties, employer or any other users of Virtrue without your permission. Furthermore, you maintain control over your communications with any company or person requesting your data.

Service Providers. If you request something from Virtrue, for example, a product or service such as a driving license record or criminal check, we will use the information you provide to fulfill your request. To help us do this, we may share information with service providers to help us bring you the products and services we offer, either directly as the provider of such product or service, or indirectly. These third parties are prohibited from using your personally identifiable information for any other purpose. We also require these third parties to maintain your personal information in the strictest confidence.

Virtrue may also share your information with 3rd party service providers that sent you to Virtrue.

Cookies, pixels, and similar technologies – including third party integrations. We use cookies on this site. A cookie is a small text file that is stored on a user’s computer to provide you with our services and site features. We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. For example, by saving your language preferences, we’ll be able to have our services appear in the language you prefer.

We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. Session cookies are used to help identify you as you use our service. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies track analytics to help us improve the site or to track referrals from partners. Often, you can remove cookies by using controls on your device, browser, or computer.

If you reject cookies, your ability to use some areas of our site, products, or services may be limited.

The use of cookies by our partners, affiliates, and service providers is not covered by our privacy policy. We do not have access or control over these cookies. Our privacy policy does not cover the information practices of other companies. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit or use. Our partners, affiliates, service providers may use both session ID and persistent cookies to help measure use of our site, improve navigation, etc. Our goal is to minimize the use of cookies whenever possible.

Our third party partners employ clear gifs images, and scripts that help them better manage content on our site. Our Web site includes third party services and features, such as the Facebook Like button. These features may collect information, such as your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These features are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

Simply put, without your consent, we do not and will not share your personal information with anyone, for any reason, at any time. We only share information with your approval, as described in our policies, or when we combine it with other information so it no longer identifies you, or when we remove your personal information, like your name, from it.

Law enforcement and other requests. We may disclose your personal or other information as required or permitted by law, as part of governmental request, or during an investigation. Examples include compliance with a subpoena, or similar legal process, a situation where we believe in good faith that disclosure is necessary to protect our rights, protect you or your rights or the rights of others, or protect your safety or the safety of others, investigate fraud, or respond to a government request.

Merger or sale. If Virtrue is involved in a merger, acquisition, or sale of all or a portion of its assets, such transaction may involve the transfer, use, or disclosure of your personal information. In those situations, we will notify you, such as via email or in this policy. In that notice we’ll tell you about any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Updates or Deactivation. Users who wish to deactivate their profiles are able to do so. If your personal information changes, or if you no longer desire our service, you may update the information you provided or delete your account by making the change on our member information page. Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. After you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

Retention. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Messages. We will send you service-related announcements and other messages related to our services when it is necessary to do so. Generally, you may not opt-out of these communications, but for some messages, we may offer you a choice option in the email.

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name, email address, or enable the referral via 3rd party tools (such as Facebook Connect). We will automatically send your friend an invitation to visit the site. Virtrue stores this information for the purpose of sending the invite and for providing you and others with services and features.

Security. The security of your personal information is important to us. We try to keep our site safe to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. When you enter sensitive information (such as a credit card number) on our order forms, we deploy security measures that are designed to protect your information.

Updates. We may update this privacy policy from time to time, such as reflect updates to our information practices or our products and services. If we make any material changes we will notify you, such as by sending you an email (sent to the e-mail address specified in your account) or by some other means, like posting an update to this policy. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact us. We want you to succeed everywhere trust is a factor, whether that means finding a job, purchasing from your friends (or even those you don’t know), or even in non-financial transactions where verified trust is critical. If you have questions or feedback regarding our privacy policy, please feel free to contact us at contact@virtrue.us or contact us through the information below.

Virtrue, Inc. Terms of Use

Updated: February 11, 2013

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY VIRTRUE, INC (“Virtrue”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.VIRTRUE.US (THE “SITE”) AND THE SERVICE OWNED AND OPERATED BY Virtrue (COLLECTIVELY WITH THE SITE, THE “SERVICE”). BY REGISTERING FOR AND/OR USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.

Your privacy is very important to us. We designed our legal policies to make important disclosures about how you can use Virtrue to transact with others and how we collect and can use your content and information. We encourage you to read our Privacy Policy and Terms of Use, and to use them to help you make informed decisions.

Acceptance of Terms

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”), which terms also incorporates all other operating rules, policies and procedures that may be published from time to time on the Site by Virtrue, each of which is incorporated by reference and each of which may be updated by Virtrue from time to time without notice to you. Please check back here to see if the Terms have been updated. A date shall be posted at the top of this document with regards to the most recent update.

In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Virtrue or third parties from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Service is available only to individuals who are at least 13 years old. Depending on the type of service requested, permission by a consenting adult may be required. You represent and warrant that all registration information you submit is accurate and truthful and if you are an individual, you are of legal age to form a binding contract. Virtrue may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use

Virtrue reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. Virtrue may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Virtrue is a Venue

The service is a platform for enabling the connection between individuals or Enterprises seeking to match people with events (“events”) such as, but not limited to, hiring, purchasing or renting a good, dating, and user identification. Virtrue is not a party to the interaction between Enterprises, individuals and groups. You represent, understand and expressly agree that Virtrue does not have control over the quality, timing, legality or any other aspect whatsoever of the events represented. Virtrue makes no representations about the suitability, timeliness, and accuracy of the services provided by the Service whether in public, private or offline interactions. Virtrue is not responsible for the conduct, whether online or offline, of any user of the Service or Member of the Service. Use of the Virtrue service is completely voluntary by one or more parties in an event. All users, applicants, hosts, and invitees, do hereby expressly agree not to hold Virtrue (or Virtrue’s officers, directors, managers, members, subsidiaries, agents, assignees, representatives, advertisers or employees) liable for any activities originated through the Service and Virtrue expressly disclaims any liability whatsoever for any damage, lawsuits, and/or claims, including any that result from information derived from the Service.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or other applicable laws. The Service (including, without limitation, any Content or User Submissions (both as defined below) is provided for your own personal use and for the use the use of any entities that you may match with for an event or any entities that have requested you use the Service. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Virtrue or its partners on or through the Service.

By way of example and not limitation: 1. you shall not use Virtrue for hiring purposes without a) the approval of the job applicant or sharing of the Service results expressly by the job applicant, or b) the approval of the Service which results from the express or implied authorization by the applicant; and 2, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; you know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); involves commercial activities and/or sales without Virtrue’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Virtrue or any third party; or impersonates any person or entity, including any employee or representative of Virtrue. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Virtrue in its sole discretion) an unreasonable or disproportionately large load on Virtrue’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Virtrue may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “download” or “scrape” or “crawl” or “spider” any page of the Site.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Virtrue does not guarantee that any Content will be made available on the Site or through the Service. Virtrue has no obligation to monitor the Site, Service, Content, or User Submissions. However, Virtrue reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Virtrue is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.

Registration

You may browse the Site and view either your own or public Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Virtrue and select a password and screen name (“User ID”) or by using a third party (such as Facebook). You shall provide Virtrue with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Virtrue account. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Virtrue reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Virtrue password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Virtrue in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Third Party Sites

The Service may permit you to link to other websites or resources on the Internet or you may sign-up to use Virtrue via a third party site, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Virtrue’s control, and you acknowledge that Virtrue is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Virtrue or any association with its operators. You further acknowledge and agree that Virtrue shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. When you access third party websites, the information contained and provided by those websites is solely under the control of those sites. Virtrue may look at or review the data to provide services and share your data with third party sites if you signed-up for Virtrue via the third party site or granted the third party site access to your data on Virtrue.

Content and License

You agree that the Service contains Content specifically provided by Virtrue or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Virtrue, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

User Submissions

All information publicly posted or privately transmitted through the Site is the sole’ responsibility of the person from which such content originated and that Virtrue will not be liable for any errors or omissions in any content; and that Virtrue cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. Virtrue does not endorse and has no control over any User Submission. Virtrue cannot guarantee the authenticity of any data that users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you provide or post on or in connection with Virtrue. However, we will not use this license without your permission except in aggregate form. This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

Termination

Virtrue may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the Service. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Virtrue has no special relationship with or fiduciary duty to you. You acknowledge that Virtrue has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Virtrue from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Virtrue makes no representations concerning any Content contained in or accessed through the Site, and Virtrue will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. VIRTRUE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): VIRTRUE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.

Virtrue will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Virtrue’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Indemnification

You shall defend, indemnify, and hold harmless Virtrue, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Virtrue reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Virtrue in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL VIRTRUE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Dispute Resolution and Jurisdiction

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Virtrue agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. In any legal proceeding relating to your use of the Virtrue Service, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND VIRTRUE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Facebook (such as advertising or payments) or operate a Platform application or website.

Integration and Severability

The Terms of Use are the entire agreement between you and Virtrue with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Virtrue with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

Virtrue shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Virtrue’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Virtrue’s prior written consent. Virtrue may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Other

1. This Statement makes up the entire agreement between the parties regarding Virtrue, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
9. We reserve all rights not expressly granted to you.
10. You will comply with all applicable laws when using or accessing Virtrue.

Contact

You may contact Virtrue, Inc. at the following address: