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Terms of Use

Saeed Richardson
Updated

VirtualEvals Terms of Use

Please read these Terms of Use ("Terms") carefully.  The Terms are a legal agreement between you and VirtualEvals and govern your use of VirtualEvals operated services as a visitor, content contributor, or as a registered user.  Use of VirtualEvals services is subject to your compliance with these Terms.  VirtualEvals reserves the right to limit or terminate access to this Website or terminate or suspend your registration for failure to comply with terms and policies posted on this Website, including these Terms, or for any reason at any time. 

Operator

veCollect is operated by VirtualEvals, LLC, a company incorporated under the laws of the State of Illinois. VirtualEvals is also referred to in these Terms as "we" and "us."

Modifications to these terms

VirtualEvals reserves the right to modify these Terms at any time without notice.  Please check these terms periodically for changes.  Your continued use of this Website after any changes are made will signify your acceptance of the changes.

Changes to this website

In an effort to improve services, we may add services or make changes to existing services.  In that event, these Terms shall apply to the new services and any changes to existing services.

Purpose of the Service

veCollect (the “Service”) offers a service through which 1)  Individual applicants or potential applicants list those persons who will write letters of recommendation/evaluation for them and provide contact information for those recommenders/evaluators; 2)  Recommenders/evaluators submit letters to veCollect via email attachment; 3) Letters are stored on secure servers maintained by VirtualEvals where they are available to the health professions advisors who will process the letters for applicants.

Availability

We employ reasonable measures to ensure that veCollect is available 24 hours a day 7 days a week. However, there will be occasions when the veCollect service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. We will take every reasonable step to minimize such disruption. You agree that VirtualEvals shall not be liable to you for any modification, suspension or discontinuance of the Service. Additionally, we reserve the right to modify or terminate the Service for any reason and without notice at any time.

Privacy

VirtualEvals is committed to confidentiality and privacy. We have security measures in place to protect misuse of information under our control.  

Trademarks

All brand, product and service names used in this Service which identify VirtualEvals or third parties and their products and services are proprietary marks of VirtualEvals and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of VirtualEvals or any third party with respect to any such image, logo or name.

Intellectual Property Rights

VirtualEvals, unless otherwise stated, is and shall remain the owner of all intellectual property rights, including, but are not limited to, copyright, patent, and database rights in the Service and any content used in providing the Service. You may not publish, distribute, extract, re-utilize, or reproduce any component part or portion of the Service other than in accordance with the limited use license set out in our legal notice. 

General

These Terms constitute the entire agreement between VirtualEvals and you with respect to your use of the Service. Failure by VirtualEvals to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

Comments

If you have any comments or questions about the Service please contact us by email at help@virtualevals.org.

Registration

You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete.

You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

Login/Username and Password

You are responsible for all activities that occur under your username and password.  You should protect the confidentially of your user name and password.  If you believe your password has been compromised, you must notify VirtualEvals immediately. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

Conduct

You are responsible for all of the information and content you upload, share or copy using the Service.

You agree NOT to use the Service:

  • for any unlawful purposes or to encourage unlawful purposes by others;
  • to pretend that you are, or that you represent, someone else or impersonate any other person or entity;
  • to invade the privacy or violate any personal or proprietary right of any person or entity;
  • to upload, post, email or otherwise transmit or communicate any material that is obscene, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous or illegal;
  • to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to VirtualEvals;
  • to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
  • to upload, post, email or otherwise transmit any material which is likely to cause harm to VirtualEvals or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
  • interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service.

Violation of any of these agreements will result in the termination of your VirtualEvals account. While VirtualEvals prohibits such conduct and content on its site, you understand and agree that VirtualEvals cannot be responsible for the Content posted on its website and you nonetheless may be exposed to such materials and that you use the VirtualEvals service at your own risk.

Monitoring of Content

VirtualEvals does not control the content of members' accounts and, beyond any expressly stated exceptions, does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and activity that occurs on your user account. 

Suspension, Modification and Termination of Access and Membership

You agree that VirtualEvals may at any time without notice:

  • refuse to accept your application to use the Service;
  • move or suspend any part of the Service; or
  • terminate your account and delete any content stored in your account if, in VirtualEvals' sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires VirtualEvals to do so;
  • modify any username or other content that could be confusing with any VirtualEvals  services or which contains any explicit/objectionable content.

Termination by User

User Termination - The user may cancel his/her account at any time without refund.

Procedure for making claims of copyright infringement

If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report possible copyright infringement at VirtualEvals, LLC, 810 Bowling Green Dr, Homewood, IL 60430.  You must provide the following:

  • A full description of the copyrighted work or other intellectual property that you claim has been infringed;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • Your address, telephone number, and email address;
  • A description of where the material that you claim is infringing is located on this Website;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Governing Law

These Terms and your use of this Website is governed by the laws of the State of Illinois to the extent US federal laws are not applicable, without regard to their conflicts of law provisions.  You agree to the exclusive jurisdiction of the Courts of the State of Illinois and the United States Federal District Court located in Cook County, Illinois; and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.  You waive all defenses of lack of personal jurisdiction and venue.

Disclaimer of Warranty and Limitation of Liability

VirtualEvals agrees that all services will be carried out with reasonable skill and attention.

PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS”, AND VIRTUALEVALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND VIRTUALEVALS HEREBY DISCLAIMS THE SAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VIRTUALEVALS DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT ANY SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO VIRTUALEVALS, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, VIRTUALEVALS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, VIRTUALEVALS’ SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF VIRTUALEVALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

VirtualEvals, LLC

810 Bowling Green Dr.

Homewood, IL 60430

 

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