Terms of Service

By visiting or using myvirtualway.com or any page of the myvirtualway.com website, except this page, you are agreeing to be bound by these terms of use and such agreement constitutes a binding contract between you and VIRTUALWAY, LLC (hereinafter referred to as “VW”). If you do not wish to be bound by these terms of use, please do not visit or use any page of the myvirtualway.com website.

Furthermore, by using any of the pages of the myvirtualway.com website, you acknowledge that VW is not a security company, delivery service, cleaning service, dog walking service, dry cleaning and laundry service, personal & yoga trainer, car service, travel agency, hair stylist, handy man service, real estate broker, does not aid or assist home buyers or sellers in the transaction to buy, sell or lease real property; and does not directly provide the personal services other than those contained in the VW service agreement.  All such additional services are provided by third party vendors who are solely responsible.  VW cannot be held responsible for non-performance or unsatisfactory performance of services by third party vendors or for their actions or inaction while providing services.

1. INTRODUCTION

The myvirtualway.com website is wholly owned by VIRTUALWAY, LLC. This site contains information which has been provided: from the owners or property managers of the properties displayed on the site;  public records (sometimes obtained through private, third party vendors); observation; and/or, service providers who are under agreement to provide exclusive services to VW clients. In addition, this site contains information provided to myvirtualway.com from a variety of sources including other public websites, quasi public websites, private not-for-profit websites and business-for-profit websites.

VW offers you access to the myvirtualway.com website in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by VW from time-to-time. VW and their website, myvirtualway.com, refer to these terms, conditions, and notices, whether modified or unmodified, as the “Agreement” or as the “Terms of Use”.  VW reserves the right to modify in their sole discretion this Agreement and/or the myvirtualway.com website without providing notification. You are responsible for regularly reviewing this Agreement. BY VISITING OR USING ANY PART OF THE MYVIRTUALWAY.COM WEBSITE, EXCEPT FOR THESE TERMS OF USE, YOU ARE AGREEING TO THESE TERMS OF USE, AND YOU ARE AGREEING THAT THIS IS A BINDING CONTRACT BETWEEN VW AND YOU.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY PART OF THE MYVIRTUALWAY.COM WEBSITE.  ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEBSITES, LINKS OR WEB PAGES WITHIN THE MYVIRTUALWAY.COM WEBSITE.

2. GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE MYVIRTUALWAY.COM WEBSITE

A. Except where we specify otherwise, VW offers you access to the myvirtualway.com website solely for your personal and non-commercial use. You promise that you will not use the myvirtualway.com website, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and non-commercial in nature. You agree that you will

not, except for your personal use, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the myvirtualway.com website. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the myvirtualway.com website in any manner which could damage, disable, overburden, or impair the myvirtualway.com website or interfere with any other party’s use and enjoyment of the myvirtualway.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the myvirtualway.com website. Except with the written permission of VW, you agree that you will not access or attempt to access password protected, secure or non-public areas of the myvirtualway.com website. Unauthorized individuals attempting to access prohibited areas of the myvirtualway.com website maybe subject to prosecution.

B. The process of scheduling requested services may involve the communication, between VW, you and the exclusive vendors of VW, of secure and confidential information relating to the services being provided. Communication of such information may be through any of several methods of communication including, but not limited to, telephone, email, text message, or the myvirtualway.com website. All such communications are protected under separate legally binding written and executed privacy agreements between VW and the exclusive VW vendors, in which the exclusive VW vendors are prohibited from sharing any and all information obtained from VW with any party other than VW or yourself. Furthermore, you agree to protect any and all secure and confidential information regarding VW and/or exclusive VW vendors, and to not divulge such information to any inappropriate party. Furthermore, you agree to notify VW immediately if any secure and confidential information is inadvertently or potentially lost, stolen by, or transferred to any unknown and/or inappropriate party.

C. The origin of any link to the myvirtualway.com website home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the myvirtualway.com website home page. For example, prominently positioning the myvirtualway.com name and mark such that there is clear association between the name and mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the myvirtualway.com name and mark and the link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between myvirtualway.com, on the one hand, and you or any other person or entity, on the other hand. You agree that if VW in their sole and unfettered discretion, requests in writing that you remove any link or links to the myvirtualway.com website, you will promptly do so. You agree that if you create any link to the myvirtualway.com website that you will not employ any technology that results in the placement of content from the myvirtualway.com website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the myvirtualway.com website from how it would appear if a user typed in the myvirtualway.com URL to a typical browser line.

3. INFORMATION PROVIDED TO YOU THROUGH THE MYVIRTUALWAY.COM WEBSITE FROM VW.

A. The myvirtualway.com website contains content and information originated by VW (the “myvirtualway.com Content”). VW presents and makes available such content and information through the myvirtualway.com website as a public service, for the sole purpose of aiding you, the individual consumer.  VW, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information.

B. VW has made no investigation as to the exclusive VW vendors services information set forth on the myvirtualway.com site. With respect to such information, myvirtualway.com believes that the same is reasonably accurate and truthful, but does not guarantee the accuracy and truthfulness thereof.

C. The myvirtualway.com website you are about to enter also contains links to and receives data from other websites maintained by other organizations both public and private. VW has not made an independent investigation to ascertain whether or not the information contained in said sites is accurate, nor does it guarantee its accuracy in any way.

4. INFORMATION PROVIDED TO YOU FROM MYVIRTUALWAY.COM LINKS TO OTHER SITES

For your convenience, the myvirtualway.com website may contain content and information from links to affiliate websites (“Affiliate Content”). Such content is not under the control of VW and, as such VW is not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. VW is providing such content to you only as a convenience and the inclusion of such content does not imply endorsement by VW or myvirtualway.com of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate services, content, software or sites.

5. DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO MYVIRTUALWAY.COM CONTENT AND AFFILIATE CONTENT, PROVIDED BY VW THROUGH THE MYVIRTUALWAY.COM WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VW AND MYVIRTUALWAY.COM MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. VW AND MYVIRTUALWAY.COM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VW AND MYVIRTUALWAY.COM SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MYVIRTUALWAY.COM WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VW, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

IN NO EVENT SHALL VW AND/OR ITS EXCLUSIVE VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MYVIRTUALWAY.COM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MYVIRTUALWAY.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MYVIRTUALWAY.COM WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MYVIRTUALWAY.COM WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VW AND/OR ANY OF THEIR EXCLUSIVE VENDORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MYVIRTUALWAY.COM WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MYVIRTUALWAY.COM WEBSITE.

6. INFORMATION PROVIDED TO MYVIRTUALWAY.COM

In order for you to participate in certain services that VW provides through the MYVIRTUALWAY.COM website, VW will require that you provide specific information about yourself. If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. VW is committed to maintaining the privacy and security of any and all such information that you provide to them through the MYVIRTUALWAY.COM website and will use such information for purposes related to the use of VW. To that end, VW urges you to review the VW Privacy Policy below.

GOVERNING LAW/LOCAL LAWS

VW controls and operates the myvirtualway.com website from its offices in NY, New York. VW makes no representation that the myvirtualway.com website or the content is appropriate or available for use outside the USA. If you use this site from locations outside the USA, you are responsible for compliance with USA and foreign laws and regulations and all applicable local laws.

These Terms of Use, the use of the myvirtualway.com website and all other transactions conducted through the site or with VW shall be governed by and construed and enforced under the laws of the State of New York (excluding any conflict of laws or rules). These Terms of Use represent the entire understanding relating to the use of the website and prevail over any prior or contemporaneous, conflicting or additional communications. Any cause of action which you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. The exclusive jurisdiction and venue for any legal proceeding relating to these Terms of Use or to the website or transactions or activity conducted on or relating thereto will be the District Court of NY, New York and you consent to such jurisdiction and venue and waive all objections based on jurisdiction, venue and inconvenience of forum with respect to any matter brought in either of such courts.

You also agree by accessing the website that if you violate any of the Terms of Use, you agree to indemnify and hold VW harmless from and against any and all losses, claims, damages, expenses (including reasonable attorneys’ fees) or other liabilities arising out of or in any way resulting from your violation of these Terms of Use.

All materials on the myvirtualway.com website (as well as the organization and layout of the myvirtualway.com website) are owned and/or licensed by VW, its affiliates or its suppliers and licensors. All rights reserved. No reproduction, distribution, or transmission of the materials at the myvirtualway.com website is permitted without the written permission of VW. Any rights not expressly granted shall be considered to have been denied.

All trademarks, service marks, names, logos and similar identifiers appearing on the Software and Services are the property of VIRTUALWAY, LLC, including, without limitation, VirtualWay™.

VIRTUALWAY, LLC - Privacy Policy:

We recognize the importance of protecting the personal information you provide at web sites owned

and/or controlled by VIRTUALWAY, LLC (VW). We maintain the following privacy policy:

1. We may gather the following types of information needed to process your transactions, fulfill your requests, and maintain our membership records:

·         Contact information you provide (for example, your email address as your unique identifier for you to recover search information you requested be saved by VW).

·         Tracking information which our web server automatically recognizes each time you visit one of

our sites or communicate with us by e-mail (for example your domain name, your e-mail address, and what pages you visit); and  We may use this information to:

o   Improve and customize the content and layout of our sites and other communications tools.

o   Track usage of our sites.

o   Identify abuse or misuse of our sites.

2. VW does not share, sell or trade any VW client information, including, but not limited to: name; address; telephone; and/or e-mail address.   Our privacy policy and procedures conform to industry standards.

3. Some of our sites may contain advertising placed by advertising networks pursuant to agreements between VW and VW exclusive vendors. VW does not control these advertising networks, the sites of third parties reached through links on our site or their information collection practices and VW will not be responsible for the activities of these third parties. The advertising network uses cookies to collect certain non-personally identifiable information when you click on the banner ads appearing on our sites. This information is collected by the advertising network for purposes of measuring and reporting on the advertising to advertisers and VW. The advertising network may also aggregate the information for certain other statistical and reporting purposes.