Terms of Use
Acceptance of the Terms of Use
Thank You for Your interest in The VA Connection® LLC. Please carefully read the Terms of Use and Our Privacy Policy, which are both incorporated by reference, before You start to use the Website, and make sure You understand them. By using the Website, You accept and agree to be bound and abide by these Terms of Use and Our Privacy Policy.
These terms of use are entered into by and between You and The VA Connection® LLC (“The VA Connection®”, “We”, “Us”, or “The Company”). The following terms and conditions (these “Terms of Use”) govern Your access to and use of the Website available at www.thevaconnection.com and any smartphone, tablet, or other application associated with the Website, including any content, functionality and services offered on or through the Website and related Websites or applications (individually and collectively “the Website”), whether as a guest, a registered User, or a family member of relative of a registered User.
Definitions
“Privacy Policy” refers to Our policies, procedures and practices regarding Your privacy and the information We obtain from You (which is incorporated by reference and also available on Our Website).
“Submissions” refers to what You post, upload, input, provide or submit to the Website or its associated services or any other User-generated contribution.
“Terms of Use” refers to the list of terms, conditions, disclaimers, and other information within this agreement.
“User”, You, or “Your” refers to any User or person who uses the Website or any person for whom the Website is used on their behalf.
“Website” refers to the Website www.thevaconnection.com as well as any smartphone, tablet or other application associated with the Website, including any content, functionality and services offered on or through www.thevaconnection.com and related Website or applications.
Payment / Refund Policies
At the time of purchase, you will elect to pay in full or through a monthly payment plan. If you elect the monthly payment plan, you agree that you will be responsible for making all payments due for VA School. You will be required to keep an active credit card on file for the duration of your payment plan.
You may pay Us through the payment options made available on the Website. You must comply with the terms of all agreements between You and any third-party payment processors, and if You have any disputes regarding the processing of Your payment, You must deal directly with those third parties to resolve the disputes.
If Your credit card payment is rejected or refused, You will immediately pay the amount due and provide an alternative credit card number for future payments. You represent and warrant to Us that each credit card You use for payment either belongs to You, and You have the right to charge all such payments on the credit card.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at The VA Connection® store. You agree to promptly update Your account and other information, including Your email address and credit card numbers, and expiration dates, so that We can complete Your transactions and contact You as needed.
If at any time your payment cannot be completed due to a change in your credit card, your access to VA School will be revoked. Access will be restored upon completion of your payment.
If you are not satisfied with your purchase of VA School, you may request a refund within seven days via email at [email protected]. After seven days, no refunds will be given.
Accessing the Website, User Accounts and Account Security
Registration
To access the Website or some of the resources it offers, You must create an account for the Website. When creating an account, You may be asked to provide certain registration details or other information. It is a condition of Your access to and use of the Website that all the information You provide to the Website is correct, current, and complete. You agree that all information You provide to register with the Website or otherwise, including but not limited to information provided through the use of any interactive features on the Website, is governed by Our Privacy Policy, and You consent to all actions We take with respect to Your information consistent with Our Privacy Policy.
Access Requirements
Age Requirement: Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website or use the Website.
Geographical Requirement: We provide the Website for Users within the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If You access the Website from outside of the United States, You do so on Your own initiative and are responsible for compliance with local laws.
Account Information
If You choose, or are provided with, a username, password or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity other than for normal use of the Website (such as posting a review for a product from Your account). You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Website or portions of it using Your username, password or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms of Use.
Your Information
All information We collect on this Website is subject to Our Privacy Policy, which is incorporated by reference. By using the Website, You consent to all actions taken by Us with respect to Your information in compliance with the Privacy Policy.
We reserve the right to withdraw or amend this Website and any content, service, or material We provide on the Website, in Our sole discretion without notice. This includes the rights to suspend Your ability to access or use parts or all of the Website, to close Your account and to ban You from the Website. In such cases, We have no obligation to retain or provide You with copies of what You post, upload, input, provide or submit to the Website or its associated services or any other User-generated contribution (“Submissions”).
We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to Users, including registered Users. The Website may also be unavailable periodically for maintenance and improvements.
You are responsible for making all arrangements necessary for You to have access to the Website and ensuring that all persons who access the Website through Your internet connection are aware of these Terms of Use and comply with them.
Products and Services, Billing
Certain products and services are available through the Website. These products or services may have limited quantities, as described herein.
We reserve the right, but are not obligated, to limit the sales of Our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that We offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
Many portions of the Website are free to use. However, if You wish to use certain Services or wish to purchase any products available on the Website, You agree to pay the prices posted on the Website for those products and services, plus all applicable taxes, and You will make those payments on the dates set out on the Website. Payments must be made in advance, unless otherwise agreed upon.
Our products and services are provided on an individual basis, unless otherwise stated. If You agree to purchase a product or service, We may offer an installment purchase plan wherein the individual price is divided into two or more installments. The provision of this installment offer does not constitute a subscription basis. You are obligated to pay the agreement purchase price for any product acquired on an installment basis.
We reserve the right to refuse any order You place for any reason. We further reserve the right, in Our sole discretion, to limit or cancel quantities purchased per person, per household or per order.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Us, may harm The VA Connection® or Users of the Website or expose them to liability.
Additionally, without limiting the foregoing, You must comply with the following Content Standards, under which You agree not to:
Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Promote any business, commercial event, or other entity outside of the Website’s typical purposes (such as providing relevant, honest, and accurate reviews and recommendations) except as expressly authorized by The VA Connection® (i.e. transmitting, or procuring the sending of, any advertising material without prior written consent, including any junk mail, chain letter, spam, or any other similar solicitation).
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Solicit any personal information from minors.
Submit or transmit pornography.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Nor do We warrant the accuracy, completeness or usefulness of User-generated feedback reviews, recommendations, ratings or other Submissions or information posted, submitted, published or disclosed by third-parties. Any reliance You place on information on the Website is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents. Additionally, the materials and information posted by third-parties, other than the content provided by Us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials and information do not necessarily reflect Our opinion.
Materials Provided to The VA Connection® or Posted at any Website
The VA Connection® does not claim ownership of the materials You provide to The VA Connection® (including feedback and suggestions) or other Submissions. However, by posting, uploading, inputting, providing or submitting Your Submission, You are granting The VA Connection®, its affiliated companies and necessary sublicensees permission to use Your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; and to publish Your name in connection with Your Submission.
No compensation will be paid with respect to the use of Your Submission, as provided herein. We are under no obligation to post or use any Submission You may provide and may remove any Submission at any time in Our sole discretion.
By posting, uploading, inputting, providing or submitting Your Submission, You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input, publish or submit the Submissions.
Links from the Website
We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and are subject to the terms and conditions of use and the privacy policies for such ebsites. The inclusion of these links does not imply Our endorsement of the websites or any association with its operators.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by The VA Connection®, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Company from time-to-time provides various Courses, programs, and associated material for sale on this Website. The Company grants You a limited, personal, non-exclusive, non-transferable license to use Our Courses, programs, and associated material (collectively the “Courses”) for Your own personal or internal business use. Except as otherwise provided, 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 Courses in any manner.
By ordering or participating in Courses, You agree that the Courses You purchase or download may only be used by You for Your personal or business use and may not be sold or redistributed without the express written consent of the Company.
The Company provides various resources on this Website, which Users may access by providing an e-mail address. The Company grants You a limited, personal, non-exclusive, non-transferable license to use Our resources provided in exchange for an email address (the “Freemium Content”) for Your own personal or internal business use. Except as otherwise provided, 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 Freemium Content in any manner.
By downloading the Freemium Content, You agree that the Freemium Content You download may only be used by You for Your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, You further agree that You shall not create any derivative work based upon the Freemium Content and You shall not offer any competing products or services based upon any information contained in the Freemium Content.
By ordering or participating in Courses, You further agree that You shall not create any derivative work based upon the Courses and You shall not offer any competing products or services based upon any information contained in the Courses.
Any Submission You post to the Website will be considered non-confidential and non-proprietary. By posting Your Submission, You grant us, Our affiliates and Our services providers (and Our and their respective licensees, successors and assigns) the royalty-free, irrevocable, perpetual, exclusive, unrestricted, worldwide license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
These Terms of Use permit You to use the Website only for Your personal, non-commercial use unless We have given You express authority to the contrary. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on Our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
You may store files that are automatically cached by Your Web browser for display enhancement purposes.
If We provide desktop, mobile or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by Our end user license agreement for such applications.
You must not:
Modify copies of any materials from this Website.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, Your right to use the Website will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by The VA Connection®. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks: The VA Connection® name, The VA Connection® logo, and all related names, logos, product and service names, designs and slogans are trademarks of The VA Connection® or its affiliates or licensors. You must not use such marks without prior written permission from The VA Connection®. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Notices and Procedure for Making Claims of Copyright Infringement: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Our designated contact person, shown below. ANY INQUIRIES THAT ARE NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
If You believe any of the content on Our Website infringes Your copyright, please provide Our agent with the following information in writing:
a description of the copyrighted work You believe has been infringed;
information sufficient to identify the location of the allegedly infringing material on Our Website;
Your address, telephone number, and email address;
a statement to the effect that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a declaration, under penalty of perjury, that the information You have provided is accurate and that You are the owner of the copyright involved or You are authorized to act on behalf of that owner;
Your physical or electronic signature.
Upon receiving Your complaint, We may remove content that You believe infringes Your copyright. In addition, We may take other action against the person or persons responsible for posting or transmitting the infringing material.
You must submit any claims in writing to the following Designated Agent:
The VA Connection®
Belinda Sandor
c/o
Welsh IP Law
PO Box 1267
Darien, CT 06820
[email protected]
Disclaimer of Warranties
THE VA CONNECTION® HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE VA CONNECTION® NOR ANY PERSON ASSOCIATED WITH THE VA CONNECTION® MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE VA CONNECTION® NOR ANYONE ASSOCIATED WITH THE VA CONNECTION® REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
By using the Website, You agree not to hold The VA Connection® liable for any damages resulting from information obtained from the Website’s content, such as inaccurate reviews, recommendations, posts, or other services.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE VA CONNECTION® AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $200 OR THE AMOUNT YOU HAVE PAID TO THE VA CONNECTION® FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Release
As a condition of Your use of the Website, You hereby waive and release any and all claims, causes of action or other rights against The VA Connection® or any related parties arising out of or relating to Your use or inability to use the Website or Your reliance on any The VA Connection® or Website content.
Indemnification
You agree to defend, indemnify and hold harmless The VA Connection®, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Website, including, but not limited to, Your use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States in Connecticut or the courts of the State of Connecticut, although We retain the right to bring any suit, action or proceeding against You for breach of these Terms of Use in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Arbitration
At The VA Connection’s sole discretion, We may require You to submit any disputes arising from a violation of these Terms of Use or the use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Connecticut law.
Waiver and Severability
No waiver by The VA Connection® of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The VA Connection® to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated from the Terms of Use or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Changes to the Terms of Use or Privacy Policy
We may revise and update these Terms of Use or the Privacy Policy from time to time in Our sole discretion. All changes are effective immediately when We post them, and changes apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use or the revised Privacy Policy means that You accept and agree to the changes. You are expected to check these Terms of Use and Privacy Policy periodically so that You are aware of any changes.
Affiliate Marketing:
From time to time, the We may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, We may receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with applicable requirements.
Changes to the Website
We may update the Website’s content and Submissions periodically or when needed, but such information is not necessarily complete, accurate or reliable. We are under no obligation to ensure information is updated.
Entire Agreement
The Terms of Use and Privacy Policy constitute the sole and entire agreement between You and The VA Connection® with respect to the Website. This agreement supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Last modified: November 6, 2023
