Terms & Conditions

(Last Updated: 02/18/2011)

By using this website, you are deemed to have read and agreed to the following Terms and Conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Virginia Beach Estates, Inc. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Virginia Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

excludes all representations and warranties relating to this website, and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Payment

Cash or Personal Check, all major Credit/Debit Cards, or Certified Check are all acceptable methods of payment. Our Terms are payment in full within thirty days. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Federal prime rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $5,000.00. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Returned checks will incur a $55.00 charge to cover banking fees and administrative costs. In an instance of a second returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all services and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Cancellation Policy

Minimum 24 hours notice of cancellation required for monthly services. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $30.00 charge to cover any subsequent administrative expenses.

Termination of Agreements and Refunds Policy

The Client has the right to terminate any Services Agreement for any reason. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect to the provision of unused Services shall be refunded.

Availability

All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, service marks, and/or other intellectual property rights and are owned and controlled by VIRGINIA BEACH ESTATES, INC. or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to VIRGINIA BEACH ESTATES, INC. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way for commercial use without the prior written consent of VIRGINIA BEACH ESTATES, INC. The using of a spider, robot, agent, any other automatic device, or manual process to monitor or copy our web pages or the content, may not be used without our consent.

When registering for CLIENT SERVICES, you may not disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or use the assigned confirmation numbers and/or passwords for any unauthorized purpose, attempt to decipher, decompile, or disassemble or reverse engineer any of the software or XHTML code making up a part of this web site.

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

The Linked Sites are provided for your convenience and we do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites (“Linked Sites”) are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

This company is registered in the state of Virginia and is located at the registered office One Columbus Center, Suite 600, Virginia Beach, Virginia 23462.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Virginia and the United States govern these terms and conditions. By accessing this website, you consent to these terms and conditions and to the exclusive jurisdiction of the Virginia courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these Terms and Conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our Terms and Conditions, we will announce that these changes have been made on this page, as amended by the most recent date. You are therefore advised to re-read this statement on a regular basis.

Entire Agreement

These terms and conditions form part of the Agreement between the Client and ourselves. Accessing of this website and/or entering into an Agreement indicates your understanding, agreement to and acceptance, of the Terms and Conditions contained herein.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Virginia Beach Estates, Inc.

© Virginia Beach Estates, Inc. 2011 All Rights Reserved.