Legal

Terms of Use

This website, www.virginianewsletters.com, including the Virginia Newsletters LLC (“Virginia Newsletters”) database (collectively, the “Site”), the newsletters published by Virginia Newsletters LLC, including The Arlington, D.C., Fairfax, Loudoun, Prince William, and Stafford Newsletters (collectively, the “Newsletters”), and all related content and products are owned and operated by Virginia Newsletters. By accessing or using this Site (or any part thereof), you agree to be legally bound by the terms and conditions below (the “Terms of Use”) and we reserve the right to change the Terms of Use without notice. These Terms of Use apply to your use of this Site, including the Virginia Newsletters products and services offered via the Site. The Terms of Use constitute a legal contract between you and Virginia Newsletters, and by accessing or using any part of the Site or any of the other Virginia Newsletters products you represent and warrant that you have the right, power, and authority to agree to and be bound by these Terms of Use. If you do not agree to the Terms of Use, or if you do not have the right, power, and authority to agree to and be bound by these Terms of Use, you may not use the Site.

Purpose of Newsletters, Website, and Related Products

The Site is designed to provide news articles and information about commercial real estate, new residential real estate development, land use, and economic development. The information and services offered on or through the Site are provided solely for general business information, do not constitute real estate, legal, accounting, or any other professional advice, and may not be used for personal purposes.

Services

The news articles, data, downloadable search results, text, application, software, photographs, images, graphics, charts, organization, layout, design, and all other content contained on or provided through this Site (collectively referred to as the “Content”) are proprietary to Virginia Newsletters and are protected by copyright and other U.S. and international intellectual property rights, laws and treaties. The Content includes proprietary databases (the “Database”), which is comprised of but is not limited to news articles, commercial and residential real estate information, photographs and other images, and proprietary organization and structures for categorizing, sorting, displaying, and downloading the aforementioned. The Newsletters, Site, Content, Database, and any portion of or services associated with the foregoing, including any derivatives, successors, updates or modifications provided thereto and any information derived from the use thereof, including as a result of a downloadable “Search” of the Database, are collectively or individually referred to herein as the “Product.”

Those portions of the Product that require the use of a password to access and are available only to individuals, or those acting through them, that enter into a “Subscriber Agreement” (as defined below) with Virginia Newsletters that authorizes access to Virginia Newsletters Products are referred to as the “Password Protected Products.” The portions of the Product that are accessible to the general public and are not considered Password Protected Products are referred to as the “Non-Password Protected Products.”

A “Subscriber Agreement” is defined as an agreement entered into by (i) an individual who is permitted to use specific Password Protected Products, who has paid in full in advance of receiving a Product, and who is not another company with real estate information services or that performs substantially the same services as Virginia Newsletters (a “Subscriber”) and (ii) Virginia Newsletters, which is either: (i) a signed, either written or digitally, contract between a Subscriber and Virginia Newsletters that authorizes access to Product; or (ii) an online contract between the Subscriber and Virginia Newsletters that is formed by online registration and acceptance of the Terms of Use. The Subscriber Agreement shall specify the Virginia Newsletter Subscriber by name. In exchange for a Subscriber entering a Subscriber Agreement, Virginia Newsletters will issue a user name and password and/or other information necessary to access the Site (“Access Information”). Virginia Newsletters’ issuance of Access Information shall not be construed as a confirmation or admission by Virginia Newsletters that the person receiving the Access Information qualifies as a Subscriber.

The Password Protected Products shall only be accessed by a Subscriber using the Access Information assigned to such Subscriber. Subscribers are prohibited from sharing his or her Access Information to the Product with other persons or entities.

Permitted Uses

Subject to the conditions in these Terms of Use, Password Protected Products and/or Non-Password Protected Products may be used in the ordinary course of business for:

 

• Your internal research and general information purposes;
• Creating general market research reports for use in-house, provided that such reports are not commercially or generally distributed;

 

(collectively, the “Permitted Uses”). Subject to the provisions in these Terms of Use and any Subscriber Agreement, you may print or copy Content into word processing, spreadsheet and presentation programs (or other software programs with the express written consent of Virginia Newsletters), provided the Content being printed or copied is reasonably tailored for your purposes.

Prohibited Uses

Except as may be expressly set forth above under “Permitted Uses,” it is prohibited to directly or indirectly (including in electronic form) (a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell any portion of the Product, or (b) modify or create derivative works of any portion of the Product.

Notwithstanding anything to the contrary herein, it is prohibited to:

1. 1. Access any portion of a Password-Protected Product unless you are Subscriber with respect to such Password-Protected Product using the Access Information assigned to you by Virginia Newsletters;
   2. Access or use any portion of the Product if you are a direct or indirect competitor of Virginia Newsletters, or provide, disclose or transmit any portion of the Product to any direct or indirect competitor of Virginia Newsletters (by way of example, a “direct or indirect competitor” of Virginia Newsletters includes, but is not limited to, research and publishing companies or other real estate information services and employees thereof, and independent contractors and agents of such services);

1. 1. Provide your Access Information to any other individual, including by providing the results of queries of or reports generated from a Password-Protected Product;

1. 1. Use or distribute any Product, including news/information and data that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product;

1. 1. Modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Product;

1. 1. Use, reproduce, publish or compile any portion of the Product for the purpose of selling or licensing any portion of the Product or making any portion of the Product publicly available;

1. 1. Store, copy or export any portion of the Product into any database or other software, except as expressly set forth in the Permitted Uses above;

1. 1. Upload, post or otherwise publish any portion of the Product on, or provide access to any portion of the Product through the Internet, any bulletin board system, any other electronic network, any data library, or any other data sharing arrangement;

1. 1. Upload, post, e-mail or otherwise transmit any information, data, text, software, photographs, images, graphics, or other content to or through the Product, or use any portion of this Product in a manner, that:

1. 1. • is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive or otherwise objectionable;
      • infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party;
      • constitutes unlawful advertising or fraudulent, unfair or deceptive practices, “spam,” or any other form of unlawful solicitation;
      • contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the Product or servers or networks connected thereto or the activities of other users of the Product or of any computer software or hardware or telecommunications equipment; or
      • you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;

1. 1. Impersonate any person or entity, including but limited to a Subscriber, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Product; and

1. Use any portion of the Product to encourage or engage in illegal activity, or violate these Terms of Use or any applicable local, state, national or international law, rule, regulation or ordinance, including without limitation, state and local real estate practice, spam or privacy laws.

Fees

You are responsible for the upfront payment for the use of the components and services available on the Site and all other fees and taxes applicable to your use of the Product.

SUBJECT TO THE TERMS OF ANY SUBSCRIBER AGREEMENT BETWEEN VIRGINIA NEWSLETTERS AND YOU, WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE PRODUCT OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE IN CONNECTION WITH THE PRODUCT, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.

If you are accessing the Password Protected Product, you agree: (1) to provide Virginia Newsletters with accurate up to date and complete registration and billing information and to promptly update such information in the event it changes; and (2) to pay any applicable fee or other fees incurred by your use of the Password-Protected Product.

Termination

You acknowledge and agree that Virginia Newsletters may interrupt, terminate, or block your access to the Product or portions thereof at any time, subject to the terms of any user agreement in place between you or your company and Virginia Newsletters. In the event that occurs, you shall cease using any portion of the Product, permanently delete or destroy all portions of the Product within your possession, custody or control, and, upon written request from Virginia Newsletters, certify, in writing, your compliance with this provision.

If you are a Subscriber, your Subscriber Agreement sets forth an initial term that expires on a specified date. Following the effective date of termination or non-renewal of your Subscriber Agreement, you shall cease using any portion of the Product. In addition, you shall permanently delete or destroy all portions of the Product within your possession, custody or control and, upon written request from Virginia Newsletters, certify, in writing, your compliance with this provision.

Confidentiality Within the Website and Services of Virginia Newsletters LLC

Consistent with these goals of confidentiality and privacy, in addition to any other right provided for herein, Virginia Newsletters reserves the right to compile statistical information regarding use of various features of its Product. Virginia Newsletters also reserves the right for it and its contractors to access any portion of its Product to perform customer support, product or system development, routine security inspections, to protect against unauthorized or malicious use of our products or services, to respond to legal process, or if otherwise required to do so by law.

Virginia Newsletters LLC takes these confidentiality and privacy issues seriously. If you have any questions or concerns, you should contact at us (703) 450-5085.

Subscriber Submitted Content

The Product may include opportunities for users to submit information, data, text, photographs, images, graphics, and other content, for it to be publicly displayed as part of the Product, used by Virginia Newsletters in connection with researching real estate activity, or for some other purpose (“Submitted Content”). Virginia Newsletters acknowledges that if you provide Virginia Newsletters with any Submitted Content, then you retain any applicable ownership rights that you may have with respect to such Submitted Content. However, you understand that all such Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you, and not Virginia Newsletters LLC, are entirely responsible for all such Submitted Content that you upload, post, e-mail or otherwise transmit to or via the Product. Virginia Newsletters is under no obligation to post or use any such Submitted Content you may provide and may remove any such Submitted Content at any time in Virginia Newsletters’s sole discretion.

With respect to all Submitted Content you elect to upload, post, e-mail or otherwise transmit to or via the Product, you grant Virginia Newsletters and its affiliates and their licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to such content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that Virginia Newsletters may preserve any such content and may also disclose such content in its discretion.

You represent and warrant that (a) you own or have the full right, power and authority to grant to Virginia Newsletters use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to or via the Product; (b) your license of such content to Virginia Newsletters hereunder does not, and the use or license of such content by Virginia Newsletters to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content.

Information about You

When you use the Product, Virginia Newsletters collects both personally and non-personally identifying information about you and your use of the Product. Such information includes (a) what you intentionally submit to us while using the Product, including, for example, by filling out forms with your contact information or by logging in with your Access Information, and (b) information that may be collected automatically while you use the Product, including, for example, your IP address, your IP host, session duration, any Virginia Newsletters-related cookies involved in your user session and “click stream” data that tracks user activity in the Product.

We generally use or disclose the information we collect through the Product to conduct research on and to improve the Product, to perform customer service and support, to fulfill your requests for services, and to provide you with information regarding our services, including service-related announcements.

In some but not all circumstances, at the time you submit personally identifiable information, we may provide you with the opportunity to “opt out” of some uses or disclosures of personally identifiable information. In addition, regardless of whether you exercise an opportunity to opt out, Virginia Newsletters reserves the right to use or disclose the information we collect whenever we have reason to believe that use or disclosure may be necessary to identify possible violations of these Terms of Use or a separate Subscriber Agreement, to identify, contact or bring legal action against persons or entities who may be violating your rights, our rights or the rights of others, or if we believe that we are required to do so to respond to legal process or otherwise to comply with law. We also reserve the right to use and disclose the information we collect to protect the security of our software, products and services, web sites, users, and to protect ourselves from liability or in connection with a merger, acquisition or liquidation.

If you have a further question, please contact us at (703) 450-5085.

Links; Framing

You may provide a hyperlink to the home page of this Site provided that you remove any such link upon request from Virginia Newsletters. Except as set forth in the preceding sentence, or as otherwise authorized by Virginia Newsletters in writing, links to and the framing of this Product or any of its Content is prohibited. The Product may include links to other sites, some of them operated by Virginia Newsletters and some of them operated by third parties. Under no circumstances shall Virginia Newsletters be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any web site that links to this Site, or is linked to or from this Site, or any services that may be offered through such web sites. Virginia Newsletters has not necessarily reviewed any or all of the content of such other web sites, and we disclaim responsibility for the content and services available therein. Different terms and conditions may apply to your use of any linked sites. It is your responsibility to review any such terms and conditions in connection with your use of any such sites. Any issues or disputes that may arise with respect to any such sites shall solely be between you and the applicable third party.

Accuracy, Completeness, and Timeliness of Information of Products

The Product is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance upon the Product shall be at your own risk. Neither we, nor any third party involved in creating, producing or delivering the Product, is responsible if the Product is not accurate, complete or current. Neither we, nor any third party involved in creating, producing or delivering the Product, has any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Product.

No Warranties

ALTHOUGH VIRGINIA NEWSLETTERS MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE PRODUCT AND ALL PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. VIRGINIA NEWSLETTERS AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “VIRGINIA NEWSLETTERS LLC PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE LICENSED PRODUCT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE PRODUCT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY VIRGINIA NEWSLETTERS LLC PARTY, AND (5) THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE PRODUCT IS AT YOUR OWN RISK AND THE VIRGINIA NEWSLETTERS LLC PARTIES MAKE NO WARRANTIES.

VIRGINIA NEWSLETTERS RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PRODUCT OR ANY FEATURE OR PART THEROF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THE PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE OR THE SUBSCRIBER AGREEMENT.

Limitation of Liability

YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRGINIA NEWSLETTERS WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE PRODUCT, OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE PRODUCT, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE PRODUCT. IN ADDITION, IF YOU HAVE NOT PAID ANY FEES TO VIRGINIA NEWSLETTERS TO ACCESS THE PRODUCT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, VIRGINIA NEWSLETTERS LLC SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES ARISING FROM, RELATING TO OR RESULTING FROM THE PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING. THESE LIMITATIONS OF LIABILITY INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT WILL THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF THE VIRGINIA NEWSLETTERS FOR ANY AND ALL REASONS TO ANY PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR A SEPARATE SUBSCRIBER AGREEMENT EXCEED THE TOTAL AMOUNT OF LICENSE FEES ACTUALLY PAID TO VIRGINIA NEWSLETTERS UNDER THE RELEVANT USER AGREEMENT BETWEEN THE RELEVANT VIRGINIA NEWSLETTERS SUBSCRIBER AND VIRGINIA NEWSLETTERS DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF ACTION. RECOVERY OF THIS AMOUNT SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR THE VIRGINIA NEWSLETTERS SUBSCRIBER OR ANY OTHER PARTY FOR ANY APPLICABLE DAMAGES.

UNDER NO CIRCUMSTANCES WILL ANY OF THE VIRGINIA NEWSLETTERS PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF, BASED ON, OR RESULTING FROM, OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF VIRGINIA NEWSLETTERS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS.

NONE OF THE VIRGINIA NEWSLETTERS LLC PARTIES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND VIRGINIA NEWSLETTERS’S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE PRODUCT.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.

User Data

If you create any settings, surveys, fields or functions in the Product or input, add or export any data into or from the Product (collectively, the “User Data”), none of the Virginia Newsletters Parties shall have any liability or responsibility for any of such User Data, including the loss, destruction or use by third parties of such User Data. It is your responsibility to make back-up copies of such User Data.

Your Liability

If you cause a technical disruption of the Product, you agree to be responsible for any and all liabilities, costs and expenses (including reasonable attorneys’ fees and costs of enforcement) arising from or related to that disruption. Upon your breach of any term of these Terms of Use or a separate Subscriber Agreement, Virginia Newsletters’s remedies shall include any damages and relief available at law or in equity as well as interruption and/or termination of your access to the Product or any portion thereof and permanent deletion or destruction of all portions of the Product within your possession, custody or control. If Virginia Newsletters retains any third party to obtain any remedy to which it is entitled under these Terms of Use or a separate Subscriber Agreement, Virginia Newsletters shall be entitled to recover all costs, including attorney’s fees or collection agency commissions, Virginia Newsletters incurs.

Indemnity

You agree to indemnify, defend, and hold harmless Virginia Newsletters from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your (and your users’) Submitted Content, use or misuse of any portion of the Product, or your violation of these Terms of Use or a separate Subscriber Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. Virginia Newsletters and any third party involved in creating, producing, or delivering the Product reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of Virginia Newsletters and any such third party.

Cookies

 

Some areas of this Product use and require that your computer accept “cookies.” Cookies are small text files that are stored on your computer to keep track of settings or data for a particular web site. Cookies make it possible and easier for you to access and use certain areas of this Product. If you have disabled cookies from within your browser, or if you are running third-party software that intercepts or deletes cookies, you may not be able to visit certain areas of the Product.

Trademarks

All Products including all content on the Site are protected by trademarks and service marks. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission.

Ownership

You acknowledge that Virginia Newsletters has and shall retain exclusive ownership of all proprietary rights in or to the Product, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. This is a Subscriber Agreement and not an agreement for sale. You shall have no right or interest in any portion of the Product except the right to use the Product as set forth in these Terms of Use and, if you are a Virginia Newsletters subscriber, your Subscriber Agreement. You acknowledge that the Product, including Password-Protected Product and Non-Password-Protected Product, constitute the valuable property and confidential copyrighted information of Virginia Newsletters (the “Proprietary Information”). You agree to (a) comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, (b) not challenge Virginia Newsletters’s and its licensor’s ownership of (or the validity or enforceability of their rights in and to) the Proprietary Information, and (c) not remove, conceal, obliterate or circumvent any copyright or other notice or license, use or copying technological measure included in the Product. You shall be liable for any violation of the provisions of these Terms of Use and, if applicable, the Subscriber Agreement by your employees, Independent Contractors, affiliates and agents and for any unauthorized use of the Product by such persons.

Export Restrictions

This Site is controlled and operated by Virginia Newsletters from its offices within the United States. Virginia Newsletters makes no representation that any portion of the Product or other material accessed through this Site is appropriate or available for use in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the Product or the Site from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any portion of the Product except in full compliance with all United States laws and regulations, this Terms of Use, and, if applicable, the associated Subscriber Agreement. In particular, no portion of the Product may be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders.

Product Updates and Changes to Terms of Use

Virginia Newsletters is continuously updating and changing the Product, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You agree that Virginia Newsletters shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Product (or any part thereof). Additionally, we reserve the right, in our complete and sole discretion, to change these Terms of Use at any time by posting revised terms on the Product. It is your responsibility to check periodically for any changes we may make to the Product and these Terms of Use. Your continued use of this Product following the posting of changes to these terms or other policies means you accept the changes.

Miscellaneous

These Terms of Use contain the entire understanding of the parties with respect to the Product and other matters addressed herein and supersede any prior oral or written statements and documents with respect to such subject matter; provided that these Terms of Use do not supersede any written Subscriber Agreement between the parties. Your obligations hereunder are binding on your successors, legal representatives and assigns. You may not assign or transfer (by operation of law or otherwise) these Terms of Use or any portion hereunder, in whole or in part, without the prior written consent of Virginia Newsletters. In the event any portion of these Terms of Use not being of a fundamental nature is held to be invalid, illegal or unenforceable, such part shall be deemed severed from these Terms of Use without invalidating the remaining provisions of these Terms of Use or affecting the enforceability of such remaining provisions. If a provision is held to be invalid, illegal or otherwise unenforceable, it shall be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision. No waiver by Virginia Newsletters of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use at that time or a waiver of that or any other right, term, or provision of these Terms of Use at any other time. Headings are for reference only. All notices to Virginia Newsletters pertaining to these Terms of Use will be in writing, mailed by registered or certified mail, return receipt requested, or delivered by a well-recognized overnight U.S. or international carrier, delivered to Virginia Newsletters LLC P.O. Box 583 Herndon, VA 20172-0583.