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The Virginia Bar Association’s Website Statement on Terms of Use, Copyright and Disclaimers

Disclaimer

The information contained in this website is provided to users for informational purposes only and does not constitute legal advice, nor is the transmission or receipt of such information intended to create an attorney-client relationship between any VBA member and the user or browser. Although it is the VBA's goal to provide quality information, the VBA expressly disclaims all liability to any person who, upon reliance on the information provided in this website, takes or fails to take any particular action. Furthermore, the VBA makes no claims, promises, warranties or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel. Your continued use of this website constitutes your acceptance of this disclaimer and acknowledgement that under no circumstances shall the VBA be liable for any direct, indirect, special, consequential or any other damages arising out of or in any way connected with use of this website.

Copyright

Copyright © 1995-2014 The Virginia Bar Association. All rights reserved. Except for material in the public domain under United States copyright law, all material contained on the website is protected by United States copyright laws. Reproduction of part or all of the contents, in any form, is prohibited other than for individual use only, provided any copies include the copyright, and may not be re-copied and shared with a third party. The permission to re-copy by an individual does not allow for incorporation of copied material in any work or publication, whether in hard copy, electronic, or any other form.

Trademarks

VBA is a trademark of The Virginia Bar Association and is protected by state and federal trademark laws. Other trademarks may appear on this website with permission from their respective owners. Any unauthorized use of trademarks appearing on this website may constitute trademark infringement, which would subject the user to substantial civil penalties.

Copyright Infringement

The VBA will not tolerate copyright infringement of any kind. If you believe that any material on this website infringes your copyright, you may seek to have the material removed by sending notice that includes all of the following information:

  • your full name, address and telephone number
  • your email address
  • identification of the copyrighted work(s) that you believe is being infringed
  • identification of the infringing material and information sufficient to locate the material
  • your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
  • your physical or electronic signature

Direct such notice to the VBA's designated agent for receiving copyright infringement notices:

The Virginia Bar Association
Attn: Yvonne C. McGhee, Executive Director
phone: 804-644-0041
fax: 804-644-0052
email: yvonnemcghee@vba.org


Upon receipt of notice complying with the above requirements, the VBA will act to remove infringing materials.

If material posted by you is removed due to alleged copyright infringement, you may seek to have the materials reinstated by notifying the designated agent in writing and including the following information:

  • your full name, address and telephone number
  • your email address
  • identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
  • your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
  • your statement consenting to the jurisdiction of the Federal District Court for the Eastern District of Virginia, and that you will accept service of process from the person who provided notice of copyright infringement or from such person's agent
  • your physical or electronic signature.

Upon receipt of a notice meeting the above requirements, the VBA will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, the VBA will replace or enable access to the removed material unless it receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability.

General

These Terms and Conditions (including the Privacy Policy below, which shall be deemed to be a part of these Terms and Conditions) shall govern the use of this website. These Terms and Conditions are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. The VBA reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use this website, you are agreeing to all changes made by the VBA. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction and venue of the state circuit courts and federal courts located within the Commonwealth of Virginia to resolve any claim or dispute arising out of or based upon this website, or these Terms and Conditions.

Privacy Policy

The Virginia Bar Association Privacy Policy for www.vba.org

Thank you for visiting The Virginia Bar Association (the VBA). Our website has been designed to make it easy and efficient for our members and visitors to access and navigate our website. The following paragraphs disclose our data collection and distribution practices. This privacy statement is subject to change at any time; any changes will appear on this page. Your continued use of this website constitutes your acceptance of the Privacy Policy.

Purpose of the Website

The Virginia Bar Association created this website as a tool to help its members and the legal community and the general public connect with useful information.

Purpose of the Privacy Policy

The VBA has created this Privacy Policy to ensure the confidence of our visitors and members and to demonstrate our commitment to fair information practices and protection of privacy.

Visitor Privacy Policy

The VBA is committed to the online privacy of its website visitors and recognizes the need to safeguard and manage any personally identifiable data.

“Personally identifiable data” refers to any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. Personal information does not include statistical data about large numbers of users, none of which is identifiable, nor does it include information that you have posted for public view on the website or otherwise publicly disclosed.

The VBA strives to comply with all applicable laws that are designed to protect a visitor's privacy. The VBA's goal is to provide protection for a visitor's personal information no matter where or how that information is collected, transferred or retained. If you elect to provide the VBA with personal information on the web, the VBA may transfer that information within the VBA to the VBA members or to a third-party service provider for the purpose of expediting requested services. We do not sell, rent or distribute email addresses to anyone outside the VBA. If at any time you wish to be removed from our email mailings, please contact us by email at thevba@vba.org or by phone at 804-644-0041 or simply follow the instructions associated with the correspondence or listserve in which you would like to be removed.

The VBA from time to time will make information, which is provided by members in their “public profile," available to other members and its professional partners. All material that is sent in such correspondence must be reviewed in advance by the VBA for content and suitability prior to being circulated. If you do not wish to be included on such correspondence, please contact us by email at thevba@vba.org or by phone at 804-644-0041.

Third-Party Services

Third parties provide certain services available on the VBA website on the VBA's behalf. The VBA may provide information, including personal information that the VBA collects on the web, to third-party service providers to help the VBA deliver programs, products, information and services. Service providers are also an important means by which the VBA maintains its website. The VBA will take reasonable steps to ensure that these third-party service providers are obligated to protect personal information on the VBA's behalf.

The VBA does not intend to transfer personal information without a visitor's expressed consent to third parties who are not bound to act on the VBA's behalf unless such transfer is required by law.

Cookies and Other Tracking Technologies

Certain areas on the VBA website utilize “cookies" and other tracking technologies. A cookie is a small text file that may be used, for example, to maintain a user session or to collect/track general information about website activity. Some cookies and other technologies may serve to recall personal information previously indicated by a website visitor. Most browsers allow a visitor to control cookies, including whether or not to accept them and how to remove them.

Visitors may set most browsers to notify them if they receive a cookie, or visitors may choose to block cookies with their browser. Please note that if you choose to erase or block your cookies, you will need to re-enter your original visitor ID and password to gain access to certain parts of the VBA website. Tracking technologies may also record information such as Internet domain and host names, Internet protocol (IP) addresses, browser software and operating system types, click stream patterns, and dates and times that the VBA site is accessed. The VBA's use of cookies and other tracking technologies allows the VBA to improve its website by enabling it to evaluate non-personal information for trends and statistics.

Forms

Our site uses forms that require users to provide both “public” and “private” contact information, payment methods and other information. The VBA utilizes this information to process orders and special requests and to send to the user requested products or services or information about the VBA. The customer's contact information is also used to contact the visitor when necessary. Information regarding method of payment is collected for membership purposes and to check the users' qualifications and bill the user for authorized products and services.

External Links

The VBA site contains links to other external websites that do not fall under our domain. The VBA is not responsible for the privacy practices or the content of such external websites. Unless otherwise specifically stated on this website, the VBA does not make any representation regarding the reliability, quality or accuracy of any product or service featured in or linked to this website.

Public Forums

This site may make chat rooms, forums, listserves and message boards available to the VBA members. You are solely responsible for your communications and the consequences for posting those communications. Please remember that any information that is disclosed in these areas or through these media becomes public information, and you should exercise caution when deciding to disclose personal or other information. Although the VBA attempts to take reasonable care in safeguarding your personal information when you are using these forums, we cannot ensure or warrant the security of any information you transmit to us, and you use these forums at your own risk. It is also not the VBA's responsibility to maintain the secrecy of any passwords you set up and/or any account information which you have disclosed.

Security

Wherever a visitor's personal information may be held by the VBA or on its behalf, the VBA intends to take reasonable and appropriate steps to protect this personal information from unauthorized access or disclosure.

Children's Privacy

The VBA is not structured to attract children. Accordingly, the VBA does not knowingly collect personal information from anyone we know to be under 13 years of age. By using this website, you represent that you are not under 13 years of age.

Consent

By using this website, you consent to the terms of the VBA's Privacy Policy for www.vba.org and to the VBA's processing of personal information for the purposes given above as well as those explained where the VBA collects personal information on the web.


Effective July 2014

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