Terms of Use
Terms of Use
By using this website, you acknowledge and agree to comply with the following terms and policies:
USER AGREEMENT
EngageMyVA (“EngageMyVA” or “We”) is an internet-enabled service founded in the year 2020. EngageMyVA was formed with the idea to provide the benefits of outsourcing available to individuals by providing assistance at an affordable price.
1. THIS AGREEMENT
This agreement is a contract between you and EngageMyVA and applies to your use of EngageMyVA’s services. You must read, agree with, and accept all the terms and conditions contained in this agreement. The User Agreement is subject to change by EngageMyVA at any time, at its sole discretion, with advance notice given to the user.
In addition to reviewing this agreement, please read our Privacy Policy to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. By agreeing to the terms of this agreement, you are also agreeing to the terms of EngageMyVA’s Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable.
2. NOTICE
You agree that EngageMyVA may provide notices to you of changes to our User Agreement, Privacy Policy, or any other policy or issue EngageMyVA may have, by website postings, emails to the email address listed in your account, or by mail to the street address listed in your account. Such notices shall be received by you within 24 hours of the time they are posted to our website or sent by email to you unless we receive notice that the email was not delivered. Any notice sent by mail will be considered to have been received by you three business days after it is sent.
3. OWNERSHIP
This site, together with the arrangement and compilation of the content, is the copyrighted property of EngageMyVA. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrights without the written permission of EngageMyVA, and all related logos, products, and services described on our website are copyrighted materials. You may not copy, imitate, or use them without EngageMyVA’s prior written consent.
4. ELIGIBILITY AND AUTHORIZATION
To be eligible for our services, you must be at least 18 years old. When signing up for our services, you authorize EngageMyVA, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third-party databases or through other sources.
5. TERMS OF USAGE
The services that EngageMyVA provides are strictly for the registered user only. We will not be held accountable for any information that is used by a third party not privy to this agreement.
6. EXCLUSION OF WARRANTY
EngageMyVA AND ANY THIRD-PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. EngageMyVA AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. EngageMyVA WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER EngageMyVA NOR ANY THIRD-PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS, OR ANY E-MAIL SENT FROM EngageMyVA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU
7. LIMITATION OF LIABILITY
EngageMyVA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video, or audio from the site. In no event shall EngageMyVA or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, or (ii) the performance or non-performance by EngageMyVA or any third-party providers, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
8. NONDISCLOSURE
The terms of the user agreement govern the disclosure of information by and between EngageMyVA, (the “Recipient”) and you, the new member (the “Discloser”) as of the date of this membership signup. The parties are willing to disclose such information to each other on the condition that the recipient of the information does not disclose the same to any third party nor make use thereof in any manner except as set out below. In consideration of such disclosure to each other, it is agreed by and between the parties hereto as follows: I. Handling of confidential Information: The receiving party undertakes to treat as strictly confidential and not to divulge to any third party any of the information disclosed by the other and not to make use of any such information without the disclosing party's prior written consent. The obligations of confidentiality and non-disclosure will be honored even after the termination of this agreement, except as required by governmental authorities. II. Definition of Confidential Information: As used herein, "Confidential Information" shall mean any and all technical and non-technical information provided by either party to the other, including but not limited to, trade secrets, information related to current, future, and proposed products, and services of each of the parties, and including, without limitation, their respective information concerning research, experimental work, development, financial information, customer lists, employees, business and contractual relationships, sales, and marketing plans. III. Exceptions to Confidential Information: The above undertaking shall not apply to: a. Information which after disclosure by the disclosing party is published or becomes generally available to the public, otherwise than through any act or omission on the part of the receiving party; b. Information that the receiving party can show was in its possession at the time of disclosure and which was not acquired directly from the disclosing party; c. Information is rightfully acquired from others who did not obtain it under the pledge of secrecy to the disclosing party. d. The information which at the time of disclosure is published or otherwise generally available to the public; IV. Residual Knowledge: The terms of this agreement shall be deemed to apply also to the employees or agents or legally associated entities of the receiving party who shall require their said employees or agents or legally associated entities to observe the foregoing obligations. V. No Grant of Rights: Neither the execution of this agreement nor the disclosure of any Proprietary Information hereunder, shall be construed as granting either expressly or by implication, estoppel or otherwise, any license under any invention or patent now or hereafter owned by or controlled by the parties.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold EngageMyVA, its officers, managers, and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this agreement and/or your use of the services.
10. DISPUTES
If a dispute arises between you and EngageMyVA please contact us first. Our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and EngageMyVA regarding our services may be reported to customer service online through EngageMyVA’semail id feedback@engagemyva.com
1. BINDING ARBITRATION
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS-CLAIMS, THIRD-PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
2. GOVERNING LAW
This agreement and its performance shall be governed by the laws of India, without regard to its conflict of law’s provisions. In all questions and controversies arising out of your use of this site and this agreement, including all questions and controversies subject to binding arbitration. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within one (1) year from the date on which such claim or action accrued.
13. ATTORNEY'S FEES
If EngageMyVA takes any action to enforce this agreement, EngageMyVA will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees, costs, and any cost of arbitration, in addition to any other relief, at law or in equity, to which such parties may be entitled.
14. TERMINATION
EngageMyVA may terminate this agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which EngageMyVA may be entitled, at law or in equity. Upon termination of this agreement and these terms and conditions, all rights granted to you will terminate and revert to EngageMyVA as applicable.
15. MODIFICATION
EngageMyVA may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
16. SEVERABILITY
These terms and conditions shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
17. ENTIRE AGREEMENT
This agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.