1. TERMS

These Terms & Conditions of Partner Program (the “Terms” or “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and VIRID, INC., a Virginia corporation (“VIRID,” “Company”, “we”, “us”, “our”) concerning you’re a referral program commonly known as The Virid Partner Program and any services available therefrom (collectively, the “Program”).  

BY CLICKING OR CHECKING THE BOX STATING “I AGREE TO TERMS AND CONDITIONS,” OR ANY SIMILAR DERIVATION THEREOF ON OUR WEBSITE (THE “SITE”), OR TAKING ANY OTHER SIMILAR ACTION DEMONSTRATING YOUR CONSENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT CLICK OR CHECK THE BOX ON OUR WEBSITE INDICATING YOUR AGREEMENT WITH THESE TERMS.

YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE BOUND BY ITS TERMS. IF YOU ARE ACTING ON BEHALF OF A COMPANY OR ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY regarding the use of any services provided by us through the Site, including the Program (the “Service”). These Terms may be updated from time to time. We will notify you of any material changes by posting the new Terms on our website. Your continued use of the Program following any such notice will signify and constitute your assent to and acceptance of such revised Terms of Use.

 

2. DEFINING A REFERRAL

A “Referral” occurs when we enter into a definite agreement a (“Customer Agreement”) with a customer that satisfies any of the following conditions:  

1.       the customer provides a Referral Partner ID to our sales representative prior to or concurrently with execution of a Customer Agreement (each, a “Referred Customer”),

2.       you, prior to the execution of a Customer Agreement, notify us in writing with sufficient detail, including details regarding the identity and the nature how you referred the Referred Customer, to request credit for the Customer Agreement,

3.       the Referral purchases products or services online by using a referral URL assigned to the Referral by us.

Notwithstanding the above, we, in our sole and absolute discretion, determine whether and when a Referral has occurred. For the avoidance of doubt, a “Referral” shall not include any party that satisfies any of the following:

1.       whose contact information is already within our customer database(s),

2.       who has been in contact with our representative at any time during the sixty (60) days prior to the date of the Referral,

3.       with whom we do not enter into a Customer Agreement within sixty (60) days of our receipt of a Referral Partner ID associated with the customer, for any reason,

4.       who for any reason terminated these Terms within the ninety (90) days of our receipt of referral,

5.       for which you are receiving compensation from us through any other one of our referral programs. 

 

3. REFERRAL FEES; PAYMENT

We will pay you a fee as set forth herein (a “Referral Fee”) for each Referral.

Payments for Referral Fees will be tallied and processed at the end of each month and paid no later than thirty (30) days after the end of the applicable month in which the Referral executes a Customer Agreement. 

A Customer Agreement is considered to be executed when the payments are made and validated.

Referral Fees are not payable if the Referral cancels or terminates the Customer Agreement within ninety (90) days of our receipt of the Referral, for any reason, or fails to make payment.

 

All Referral Fees shall be paid in United States Dollars. You will receive Referral Fees either by check or by wire transfer, for international payments, as determined by us. All checks may be sent by regular mail.

You shall supply us with all current, accurate, and complete information to enable us to set up and authorize payment to you through our systems of record, and to otherwise comply with applicable tax and legal reporting requirements arising in connection with this Agreement.

 

4. PROGRAM LIMITATIONS

You acknowledge and agree that your Referral Fee under this Agreement is a direct result of your own efforts and that we do not guarantee that you will earn any Referral Fees under this Agreement.

You agree and acknowledge that no payment of any kind, other than the Referral Fees as provided in this Agreement, is due from us to you as a result of your making Referrals under this Agreement.

You shall not charge any Referrals any fees, costs, or charges of any kind on behalf of us nor accept any payment of any kind on behalf of us relating to this Agreement.

Nothing in this Agreement is intended to prohibit you from providing services on your own behalf to any Referral.

The Program cannot be combined with other any other of our referral programs, discounts, vouchers, benefits or incentives. By participating in the Program, we may restrict you from any other promotion, program, discount, or vouchers.

You understand and agree that you shall not use referral methods that are bothersome to the Referral.

You shall not publish our Program on any sites or platforms that house any adult content, alcohol, tobacco, gambling, games and online casinos, political content, and any form of similar or illegal activities, or any other website that we deem, in our sole discretion, inappropriate.

You must not at any time, invite or refer people who are unknown to you.

You must only use our Program for personal use and refrain from its use for commercial purposes.

By participating in the Program you must not represent yourself in duplicate, agent, or intermediary of our company.

 

5. CHARGES FOR SERVICES

We may charge for access to portions of the Service or to the Service as a whole, and we reserve the right at any time to change the amount we charge for such access or subscriptions that include authorization to access the Service. In such event, we will notify you in advance, and give you an opportunity to subscribe (or un-subscribe) to the Service. More information about any such subscriptions can be found on the appropriate locations of the Service.

 

You shall pay all applicable taxes relating to use of the Service, and recognize that any fees to third parties that may be required for you to receive the service (such as mobile data plans and text-message charges) are not included in the cost of the services.

 

6. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise expressly indicated, the Program is our proprietary property, or (where required, appropriate, or applicable) have licensed, any and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Program (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. You acknowledge that the Content and Marks constitute valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content and Marks.

 

The Content and the Marks are provided on the Site “AS IS” for your information and use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a copyright is being infringed by a user of the Site or regarding the Program, please provide written notice to our designated agent for notice of claims of copyright infringement at VIRID, Inc., 12005 Sunrise Valley Dr, Reston, Virginia 20191 or by emailing [email protected]. Your written notice must:

·         contain your physical or electronic signature;

·         identify the allegedly infringing material in a sufficiently precise manner to allow us to locate the material;

·         contain adequate information by which we can contact you;

·         contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; and

·         contain a statement that the information in the written notice is accurate.

 

 

7. USER REPRESENTATIONS

A. By using the Program, you represent and warrant that: (i) you will use the Program solely for your own use in accordance with this Agreement and in accordance with any specific rules or usage provisions specified by us relating to the Program, (ii) all information supplied by you to us will be true, accurate, current, and complete, (iii) you may receive electronic communications (e.g., e-mail notices) from us from time to time, (iv) you will review the latest version of this Agreement posted on the Site from time to time to check for amendments that may apply to you; (v) you have the legal capacity to use the Site and Program; (vi) you agree to comply with these Terms and all Policies; (vii) you are not a minor in the jurisdiction in which you reside; (viii) you will not access the Site or Program through automated or non-human means, whether through a bot, script, or otherwise; (ix) you will not use the Site or Program for any illegal or unauthorized purpose; (x) your use of the Site or Program will not violate any applicable law or regulation.

B. You acknowledge and agree that your use of the Program, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Program, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information, and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Program for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation.

C. You are solely responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.

D. We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.

E. If you provide a mobile or residential phone number at the time you create an Account, you warrant and represent to us that you are either the account owner of any mobile or residential phone numbers you provide to the Company, or you have the express permission of the account holder to provide such numbers (“Provided Numbers”). You expressly consent that we may call any Provided Number or text any Provided Number with account, marketing, and advertising messages made using an automatic telephone dialing system. You also understand that consent to receive calls and text messages is not a requirement for your use of the Site. You may revoke your consent at any time by emailing [email protected] with the subject line “Removal of Provided Numbers.”

F. You will not use the Program in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state and federal laws and regulations and international treaties;

G. You will not use the Program for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material (including links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful;

H. You will not permit or otherwise enable unauthorized users to access and/or use the Program;

I. You will not use the Program or Site to export software or data in violation of applicable U.S. laws or regulations;

J. You will not sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Program, or otherwise permit any third party to use or have access to the Program for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Program;

K. You will not remove any copyright, trademark, patent or other proprietary notices from the Program;

L. You will not distribute, publish, exhibit, or otherwise use the Program, in any manner and for any purpose not expressly permitted under this Agreement;

M. You will not frame or utilize framing techniques to enclose the Program, or any portion thereof;

N. You will not exploit the Program or collect any data incorporated in the Program in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;

O. You will not register as a user of the Program by providing false, inaccurate, or misleading information;

P. You will not post hyperlinks to commercial services or the Program;

Q. You will not impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person or entity;

R. You will not collect personal data about other users of the Program for commercial or any other purposes;

S. You will not post irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

T. You will not attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Program (or the servers and networks which are connected to the Program);

U. You will not make available Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement, except to the extent such Content is provided to you by us or one of our affiliates for a purpose specifically authorized by us in writing; and

V. You will not create or attempt to create multiple user accounts.

X. We retain the right at our sole discretion to deny or suspend access to the Program to anyone, at any time and for any reason, without liability, including for any violation of these Terms or any other of our Policies.

8. PRIVACY POLICY

You agree that we may access, store, process, and use any information and personal data that you provide in connection with the Program.

For information about our data protection practices, please read our Privacy Policy available at https://www.virid.com/privacy-policy. This policy explains how we treat your personal information, and how we protect your privacy when you use the Program. You agree to the use of your data in accordance with our Privacy Policy.

 

9. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site and Program for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or Program or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site and Program in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Program.

 

10. TERM AND TERMINATION

These Terms are effective until terminated by us or you. WE HAVE THE RIGHT TO TERMINATE ANY AND ALL AGREEMENTS WITH YOU, INCLUDING WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, AS FOLLOWS:

WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE OR PROGRAM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS, ANY OF THE POLICIES, OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND/OR PROGRAM OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of these Terms or any material provision of the Policies. You may terminate these Terms at any time by deleting your user account on the Program and discontinuing use of any and all parts of the Program. Upon termination of these Terms for any reason, you shall immediately cease using the Program.

 

11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents or services of the Program at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information or service on our Site or related to the Program. We also reserve the right to modify or discontinue all or part of the Site and/or Program without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. 

We cannot guarantee the Site or Program will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or Program, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site and Program at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Program during any downtime or discontinuance of the Site or Program. Nothing in these Terms or any of the Policies will be construed to obligate us to maintain and support the Site or Program or to supply any corrections, updates, or releases in connection therewith.

 

12. CORRECTIONS

There may be information on the Site or Program that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site and Program at any time, without prior notice.

 

13. DISPUTE RESOLUTION; ARBITRATION; CHOICE OF LAW

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

YOU AGREE THAT BY USING THE SITE, CONTENT, PROGRAM, ANY SERVICE OR ANY PRODUCTS, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY OR CORPORATE CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL OR CORPORATE BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE PROGRAM, OR YOUR AND OUR DEALINGS WITH ONE ANOTHER SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED BY THE MCCAMMON GROUP (“TMG”) USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF TMG IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF TMG. IF TMG IS UNABLE OR UNWILLING TO ARBITRATE A DISPUTE, THEN THE DISPUTE MAY BE REFERRED TO ANY OTHER ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND WE AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT.

FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE ARBITRATOR, YOU, AND WE MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN LOUDOUN COUNTY, VIRGINIA. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT 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.

THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. NEITHER YOU NOR WE WILL BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE PROGRAM, ANY SERVICE, OR YOUR AND OUR DEALINGS WITH ONE ANOTHER MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION LOCATED IN LOUDOUN COUNTY, VIRGINIA OR THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE SERVICE AND YOUR RELATIONSHIP WITH US. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (“FAA”), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG OR BY CALLING 800-778-7879.

IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST USE THE PROGRAM OR SUBMIT THROUGH THE SERVICE A REQUEST FOR INFORMATION, YOU MUST SEND US A LETTER STATING “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:

Virid, Inc.

12005 Sunrise Valley Dr.

Reston, Virginia 20191 United States

with an email copy sent to: [email protected]

In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or Federal courts Loudoun County, Virginia, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

These Terms will be governed by the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of laws.

 

14. NO WAIVER

Our failure to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive our rights to subsequently enforce any terms or conditions of the Terms or to act with respect with similar breaches. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.

15. NO PARTNERSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Service.

16. INTERPRETATION

You agree that these Terms will not be construed against us by virtue of having drafted the Terms.

17. SURVIVAL 

All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement.

18. ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, AGENT, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY US TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THIS AGREEMENT.

19. CONTACT US

In order to resolve a complaint regarding the Site or Program or to receive further information regarding use of the Site or Program, please contact us at: [email protected].