1. Agreement, authority, and electronic communications
These Terms of Service (“Terms”) form an agreement between VirtuAmerica LLC (“VirtuAmerica,” “we,” “us,” or “our”) and the person or organization using our websites, VirtuAmerica Websites subscriptions, customer portal, support, consulting, or related services (“Customer,” “you,” or “your”). If you use the Services on behalf of an organization, you confirm that you are authorized to accept these Terms for that organization.
Our Services are intended for business, nonprofit, professional, and organizational use. If you buy or use the Services as a consumer, these Terms apply only to the extent permitted by the consumer protection laws that apply to you. You consent to receive service notices, billing notices, renewal notices, security notices, and legal communications electronically at the email address or portal account associated with your order.
By submitting an order, creating an account, clicking an acceptance control, signing an order, or using the Services, you accept these Terms electronically and agree that electronic signatures, consents, notices, and records may satisfy any writing requirement unless applicable law requires another method. The person accepting these Terms must be at least the age of majority in their jurisdiction or otherwise have legal authority to bind the Customer. The Services are not intended for children.
2. Services, orders, and order of precedence
VirtuAmerica provides managed website and practical technology services, including VirtuAmerica Websites plans, public websites, campaign pages, secure private pages, forms and lead capture, localization support, media and image experiences, approved-document search, AI-assisted drafting prepared for customer review, hosting coordination, monitoring, support, content updates, launch planning, and consulting.
Managed website plan support and related billing options — including preferred-rate support hours, the monthly change queue, call credits, recurring add-on units, and priority requests — are limited to customer websites and use of VirtuAmerica Websites, and are described in the Service Plan Terms. Separate technology consulting outside VirtuAmerica Websites may be sold under a written scope at the standard hourly rate. VirtuAmerica does not provide general device repair, emergency managed IT, legal, tax, medical, or regulated professional services.
The exact features, limits, response targets, update rhythm, included services, and fees for your account are based on the plan, order, proposal, statement of work, invoice, or written confirmation accepted by you. If there is a conflict, the following order controls for the specific conflict: a signed written agreement, an accepted statement of work or order, these Terms, the Service Plan Terms, the Refund Policy, and then other public website descriptions.
We may improve, replace, suspend, or retire individual features when reasonably necessary for security, compliance, reliability, platform evolution, provider requirements, or service quality. We will use reasonable efforts to avoid materially reducing paid Services during a prepaid term unless required for legal, security, abuse-prevention, or provider reasons.
3. Orders, subscriptions, pricing, renewals, and taxes
Public starting prices are shown on our pricing page. Final scope, timing, and custom work may be confirmed before purchase. Before checkout or signature, the applicable order, checkout, quote, or proposal will identify the product or plan, billing interval, renewal terms, recurring charges, mandatory fees set by VirtuAmerica, taxes shown by the payment provider when available, and total amount due. Where a mandatory fee applies and can be calculated before purchase, it will be included in the displayed total price or clearly and conspicuously disclosed before final payment. We do not misrepresent the nature, purpose, amount, or refundability of fees. You are responsible for reviewing those details and correcting errors before submitting an order. Subscription plans renew automatically unless cancelled before the next renewal date. Unless a written order says otherwise, fees are charged in U.S. dollars and exclude taxes, duties, bank fees, and currency conversion charges.
Where automatic-renewal or other negative-option laws apply, we will present the material recurring-charge terms before purchase, obtain the consent required by law, keep reasonable order records, and provide available cancellation methods without unnecessary obstacles. Renewal reminder timing and cancellation controls may vary by plan, country, payment provider, and applicable law.
VirtuAmerica uses Stripe to process online card, ACH, hosted-checkout, invoice, subscription, and similar electronic payments. Stripe handles payment credentials and transaction processing under its applicable terms. VirtuAmerica remains the seller responsible for the product or service described in your order, customer support, refunds, and applicable tax obligations unless an accepted order states otherwise.
Setup fees, recurring add-on units, priority requests, preferred-rate support hours, standalone consulting, and written-scope work may be charged separately from monthly care unless an accepted order says otherwise. Yearly subscriptions are discounted by 2 months: 12 months of monthly care for the price of 10 months, unless an accepted order says otherwise. Recurring add-on units are not labor hours, queue minutes, call credits, or preferred support hours unless a written scope says otherwise.
You agree to provide accurate billing, tax, contact, and account information and keep it current. If payment fails or a charge is reversed, we may suspend paid features after reasonable notice unless immediate action is needed for fraud, abuse, security risk, unlawful activity, violation of acceptable use, sanctions or export concern, payment-provider requirement, or legal requirement.
4. Accounts, access, and security
You are responsible for the users, email addresses, domains, content approvals, and portal access associated with your account. You must keep access links, credentials, and administrative permissions confidential and notify us promptly if you believe an account, approved email address, domain, or integration has been compromised.
We may use secure access links, customer portal accounts, approved domains, support records, and other controls to protect private pages and account work. We may refuse, suspend, or revoke access where we reasonably believe the request is unauthorized, unsafe, abusive, unlawful, inconsistent with these Terms, or harmful to customers, visitors, providers, or infrastructure.
5. Customer content, approvals, backups, and permissions
“Customer Content” means text, images, logos, files, data, business information, prompts, documents, forms, submissions, instructions, and other material you provide or approve for use with the Services. You keep ownership of your Customer Content. You grant VirtuAmerica the rights needed to host, copy, process, display, adapt, translate, format, secure, back up, troubleshoot, and otherwise use Customer Content to provide, maintain, protect, and improve the Services.
You are responsible for ensuring Customer Content is accurate, lawful, non-infringing, and appropriate for publication or processing. You must have all rights and permissions needed for any content, trademarks, personal data, regulated information, or third-party material you provide. Customer Content is also subject to the prohibited-content and enforcement provisions in Section 6, including restrictions on otherwise-lawful business categories.
We maintain operational backups and logs for service continuity, but the Services are not a general archival or records-retention service. You remain responsible for keeping independent copies of business-critical content, source materials, legal records, and compliance records unless a written agreement says otherwise.
6. Acceptable use, prohibited content, and enforcement
These rules apply to all use of the Services and to entire websites, individual pages, files, images, videos, links, uploads, submissions, and other content hosted, published, processed, or distributed through them. They cover content supplied by you, your users, third parties acting through your account or website, and AI tools. You must not use the Services to operate, advertise, promote, facilitate, or distribute the prohibited content or activities below, or knowingly allow others to do so.
6.1 Prohibited content and business categories
- Adult websites and sexual services: pornography, sexually explicit content intended for sexual gratification, adult entertainment websites, or businesses offering sexual services, including sexual escort services and live sexual performances.
- Sexual exploitation and non-consensual intimate content: child sexual abuse or exploitation material, sexualization of minors, human trafficking, or intimate images or videos shared without the required consent, including synthetic or AI-generated material.
- Gambling businesses: casinos, sportsbooks, betting or wagering services, and businesses offering paid games of chance, including websites that promote or facilitate those services.
- Weapons sales: selling, brokering, or distributing firearms, ammunition, explosives, or other weapons, including websites promoting those sales.
- Cannabis businesses: businesses cultivating, producing, promoting, selling, or distributing cannabis or cannabis-derived products, including marijuana, THC products, and CBD products.
- Fraud and deceptive commerce: scams, phishing, credential theft, deceptive impersonation, extortion, money laundering, Ponzi or illegal pyramid schemes, fraudulent fundraising, fake reviews or endorsements, misleading health or earnings claims, concealed charges, or instructions intended to facilitate crime.
- Unlawful goods and services: illegal drugs or unauthorized sales of controlled substances or prescription medicines; stolen or counterfeit goods, forged identity documents, unlawful trade in wildlife or human organs, or any other product, service, transaction, or promotion prohibited by applicable law.
- Violence, hate, and abuse: threats, stalking, targeted harassment, hateful content attacking people based on protected characteristics, promotion or incitement of violence or terrorism, exploitation of people, encouragement or instructions for suicide or self-injury, or graphic violence or animal cruelty presented for gratification or shock.
- Infringement and privacy abuse: piracy, content that infringes intellectual-property rights, unlawful defamation, doxxing, unlawful surveillance, trading stolen credentials or unlawfully obtained personal data, disclosure of private personal information without a lawful basis, or other violations of another person’s rights.
- Technical abuse: malware, ransomware, spyware used without lawful authorization, botnets, spam, denial-of-service attacks, unauthorized access or scraping, security evasion, cryptocurrency mining, or activity intended to disrupt, damage, or misuse accounts, systems, networks, or service resources.
- Dangerous operations: assistance intended to enable the unlawful manufacture or use of weapons, explosives, or chemical, biological, radiological, or nuclear weapons; or operating emergency-response, life-support, or other safety-critical systems through the Services where failure could cause death, serious injury, or severe physical or environmental damage.
The adult-business, gambling, weapons-sales, and cannabis-business restrictions are VirtuAmerica service policies and apply even where the activity is lawful or licensed. Neutral news reporting, education, medical information, or safety information about a restricted subject does not by itself constitute a prohibited business, but must comply with the other content rules above. You may not bypass these restrictions through links, redirects, embedded content, third-party checkout, or another account.
6.2 Applicable law and provider requirements
You must comply with all laws, regulations, and binding governmental or court orders applicable to you, your content, your activities, or our provision of the Services. This includes applicable U.S. federal law, Utah law, and the laws of other states, localities, or countries where you operate, direct your activities, or otherwise become subject to their requirements. Prohibited conduct is not limited to the examples in these Terms. A license or permission in one jurisdiction does not excuse a prohibition that applies in another.
Your responsibilities include required licenses and registrations, lawful advertising and consumer transactions, privacy and data protection, children’s protections, accessibility, intellectual-property rights, age and location restrictions, product safety, export controls, economic sanctions, anti-bribery and anti-money-laundering rules. You must not cause VirtuAmerica to supply a prohibited person, destination, or activity, evade a restriction, or use an unauthorized payment flow. You must provide accurate information about your business and promptly tell us of a material change affecting eligibility or compliance.
You must also comply with the acceptable-use, licensing, and service-specific restrictions of the providers used to deliver your Services, as applicable to that use. For Microsoft Azure, these include the Microsoft Online Services terms and Acceptable Use Policy and the Azure Product Terms. Applicable payment-provider and other supplier restrictions also apply. This obligation covers the versions binding on the relevant Services, including changes when they take effect; we may require corresponding changes to your use. Neither our approval nor a provider’s approval overrides a legal prohibition or VirtuAmerica’s prohibited categories.
You may not misuse provider services by evading API, safety, licensing, or usage limits; extracting protected service data or model weights; performing prohibited reverse engineering or replication of provider functionality; or helping others do so. Where Microsoft AI services are used, the applicable Microsoft Enterprise AI Services Code of Conduct and service-specific conditions also govern, including required safeguards, disclosures, consents, and human oversight. These additional AI-service obligations depend on the services used, not simply on whether a website’s code was written with AI.
6.3 Activities requiring prior written approval
You must obtain VirtuAmerica’s written approval of the specific activity before using the Services to operate regulated financial services, including investment offerings, lending, money transmission, or digital-asset exchange or custody; deliver clinical care or telemedicine; sell prescription medicines, alcohol, tobacco, nicotine, or other regulated goods; operate fundraising or prize promotions subject to special legal requirements; or collect, store, or process protected or other sensitive health information, children’s personal data, biometric identifiers, government identification documents, or similarly sensitive regulated data. Approval is also required for surveillance or biometric-identification features and automated decisions materially affecting a person’s health, employment, housing, credit, insurance, education, or legal rights.
An ordinary informational website for a lawful business does not require this additional approval solely because the business operates in a regulated profession. Approval depends on the actual content, transactions, features, data, and jurisdictions involved. You must disclose those uses and obtain approval before adding or materially changing them. A general hosting order, receipt of payment, or silence is not approval of a regulated use.
We may require evidence of licenses, lawful authority, necessary consents, provider permission, suitable safeguards, and any required data-processing or business-associate agreement. We may decline a use that the Services cannot appropriately support. Written approval is limited to the agreed scope and conditions; it is not legal advice, regulatory certification, or a waiver of prohibited categories, applicable law, or provider restrictions. You remain responsible for your compliance, and nothing here removes any duty the law independently imposes on VirtuAmerica.
6.4 Investigation, removal, suspension, and termination
If we reasonably believe that content or use violates these Terms, involves malicious intent or misuse, or presents a safety, security, legal, or provider-compliance risk, we may investigate and refuse publication, remove content, disable access, restrict features, suspend a website or account, or terminate affected Services. We may act on individual pages or files, an entire website, or an account as reasonably needed to address the risk, including while an investigation is pending. We do not need to wait for actual harm, a criminal conviction, or a court order where applicable law permits us to act.
We may also decline or restrict an activity when, in our reasonable judgment, unresolved questions about licensing, ownership, consent, legality, consumer harm, or regulatory duties create a material risk that we cannot reasonably manage. We may request supporting licenses, permissions, claim substantiation, or a qualified professional’s assessment, and keep affected content or features unavailable during review. We are not required to accept an activity merely because you assert it is lawful. Acceptance, payment, or a previous decision does not certify compliance or prevent later action when the facts, applicable rules, or risks change.
Subject to applicable law, we may act immediately and without prior notice when necessary to stop prohibited activity, prevent harm, protect people or infrastructure, comply with a legal or provider requirement, or address a serious or repeated violation. Advance notice or an opportunity to correct a violation is not a condition of urgent action. Where lawful and reasonably practicable, we will notify you of the action, explain its basis, and identify any corrective steps.
You must cooperate with reasonable requests to investigate or remedy misuse. You may ask us to review a decision by contacting legal@virtuamerica.com with the affected website or content, the reason you believe the decision was mistaken, and any corrective steps taken. A review request does not automatically restore access. Reinstatement depends on resolution of the violation or risk and applicable legal or provider requirements. You must not republish removed content or create another account to evade a restriction.
We may review content and investigate reports, but do not undertake to screen every item or guarantee detection of every violation. Any monitoring or removal duty imposed by law remains applicable. Suspension or removal does not automatically determine refund eligibility; our Refund Policy, the accepted agreement, and mandatory law govern. Content retention and post-termination handling remain subject to Section 13 and our Privacy Policy.
6.5 Reporting abuse and statutory removal requests
Report suspected misuse or prohibited content to legal@virtuamerica.com, identifying the relevant URLs, the concern, and a way to contact you. Do not attach unlawful material or intimate images to a report. Copyright notices and counter-notices follow our DMCA Copyright Policy.
Requests to remove non-consensual intimate images or covered synthetic intimate content may be sent to the same address. Where the U.S. TAKE IT DOWN Act applies to a covered platform within the Services, it requires removal of covered content as soon as possible and no later than 48 hours after a valid request, with reasonable efforts to identify and remove known identical copies. These Terms do not limit that requirement or any other mandatory reporting, notice, removal, or review rights.
7. AI-assisted and search features
Some Services may use AI-assisted drafting, translation support, document analysis, search, classification, or workflow support. These features are designed to help people work faster; they do not replace human review, professional judgment, legal advice, medical advice, financial advice, tax advice, accessibility review, privacy compliance review, or regulatory compliance review. You are responsible for reviewing and approving AI-assisted output before publication or use.
Approved-document search and retrieval features operate on content authorized for your account. You should not provide highly sensitive, regulated, or confidential information unless it is necessary for the requested service and you have authority to do so. Uses requiring written approval under Section 6 must receive that approval before information is submitted or processing begins. Usage may be logged or metered for security, cost visibility, support, abuse prevention, and billing.
8. Domains, third-party services, integrations, and provider terms
You are responsible for maintaining domain ownership, DNS access, email deliverability records, third-party account access, and any required approvals for services that are not owned by VirtuAmerica. We may help configure third-party services, but those services remain governed by their own terms, privacy practices, prices, and availability.
We are not responsible for third-party outages, policy changes, account suspensions, data loss, discontinued integrations, search-engine decisions, social-platform actions, registrar actions, payment-provider decisions, or price changes outside our control. If a provider requires a change to keep Services lawful, secure, or available, you agree to cooperate with reasonable migration or configuration steps.
9. Support, updates, service levels, and customer cooperation
We provide support and updates according to your plan, these Terms, the Service Plan Terms, or a written agreement. Managed website plans include a fixed monthly change-queue capacity and, on Starter, Plus, Growth, and Scale plans, monthly call credits available by request, as described in the Service Plan Terms. Included plan support does not include unlimited changes, unlimited support, unlimited calls, redesign, emergency response, custom software development, large content migration, paid advertising management, professional legal review, or third-party service fees unless expressly included. Change-queue capacity resets monthly and does not roll over; at most one unused call credit may roll over a single month. Faster handling may be requested through paid priority options, which are subject to resource availability and do not guarantee immediate, same-day, next-day, or emergency service unless agreed in writing. Estimated timelines are not guarantees unless we agree to a specific service level in writing.
You agree to provide timely content, approvals, access, decisions, and accurate information needed for delivery. Delays caused by missing customer inputs, third-party account access, domain control, provider review, or inaccurate instructions may affect timelines and are not service failures by VirtuAmerica.
10. Intellectual property, feedback, and copyright complaints
VirtuAmerica and its licensors retain all rights in the VirtuAmerica Websites platform, code, templates, designs, tools, workflows, methods, documentation, internal systems, visual systems, and service know-how, except for Customer Content and third-party materials. Your paid account receives a limited, non-exclusive, non-transferable right to access and use the Services during the active subscription or service period.
You may not copy, resell, reverse engineer, extract, sublicense, or create competing services from the platform, templates, portal, or underlying systems except where applicable law expressly permits it. If you send suggestions or feedback, you grant us a perpetual, worldwide, royalty-free right to use it without obligation to compensate you.
As between you and VirtuAmerica, you own AI-assisted draft output generated specifically for your account from your inputs and approved sources, subject to (a) any third-party rights in source material you provide, (b) the contractual terms of the underlying AI service provider, and (c) your responsibility to review, edit, and confirm the originality, accuracy, and lawfulness of AI-assisted output before publication or use. AI-assisted output may not be unique, and similar or identical output may be generated for other users; no AI-assisted output transfers ownership of VirtuAmerica’s platform, workflows, prompts, model configurations, templates, or third-party model rights.
Copyright complaints and counter-notices are handled under our DMCA Copyright Policy. We may remove or disable allegedly infringing content, forward notices to affected customers, terminate repeat infringers where appropriate, and cooperate with providers or legal authorities when required.
11. Privacy, data protection, and customer responsibilities
Our Privacy Policy explains how we collect, use, share, retain, and protect personal data. Depending on the context, VirtuAmerica may act as a controller for account, sales, support, website, and business-contact data, and as a processor or service provider for certain Customer Content or visitor submissions handled on your behalf.
Customers are responsible for providing legally required notices, consents, records, and instructions for personal data they collect through their sites and workflows. If your use requires a data processing agreement, sub-processor list, cross-border transfer terms, or special safeguards, contact us before submitting regulated or sensitive data.
12. Confidentiality
Each party may receive non-public business, technical, financial, operational, or customer information from the other. The receiving party must use reasonable care to protect that confidential information and may use it only to perform under these Terms, comply with law, resolve disputes, or exercise rights under the agreement. Confidential information does not include information that is public, independently developed, lawfully received from another source, or already known without a confidentiality duty.
13. Refunds, cancellations, termination, and post-termination handling
Refund requests, statutory withdrawal rights, cancellations, subscription renewals, and payment disputes are handled under our Refund Policy, the accepted order, and mandatory law. Stripe processes the resulting payment transactions but does not replace VirtuAmerica’s responsibility to decide and communicate refund eligibility.
Either party may terminate a service relationship for material breach if the breach is not cured within a reasonable period after notice. We may suspend or terminate immediately for nonpayment, fraud, abuse, security risk, unlawful activity, violation of acceptable use, sanctions or export concern, payment-provider requirement, or legal requirement. You may cancel a recurring subscription through the customer portal, by contacting support, or through a Stripe-hosted customer billing flow when one is provided — the cancellation pathway is at least as accessible as the enrollment pathway.
After termination, we may delete, archive, or retain account materials according to our retention practices, legal obligations, backup cycles, dispute needs, and provider requirements. Customer access to portal features, private pages, support queues, unpublished work, and hosted content may end when the subscription or service period ends, or earlier under the enforcement provisions in Section 6.
VirtuAmerica Websites is a hosted platform, not a portable theme or generic website-builder export. Many VirtuAmerica Websites capabilities depend on VirtuAmerica hosting, plugins, security controls, runtime services, customer portal workflows, approved-document search, localization behavior, forms, media and image experiences, AI-assisted features, private-page access, monitoring, and other managed platform components. Those capabilities are part of the hosted Services and are not promised to function outside VirtuAmerica Websites.
If you leave VirtuAmerica Websites and request a copy of your site, VirtuAmerica will make reasonable efforts to generate a static version of the website that preserves the visual content and public-facing pages as much as reasonably practical at the time of export, subject to payment, security, legal, provider, and technical constraints. A static export is a reduced copy, not a continuation of the VirtuAmerica Websites Service. It may lose or materially change features, interactivity, dynamic behavior, forms, portal-backed workflows, private access controls, search, AI features, analytics, media behavior, localization automation, plugin behavior, security protections, monitoring, update workflows, and other advantages provided by the VirtuAmerica platform. You are responsible for hosting, securing, configuring, testing, maintaining, and adapting any exported static site after it leaves VirtuAmerica Websites, including replacing lost functionality with third-party services or custom development.
Because platform features are a major part of the value of VirtuAmerica Websites, leaving the platform may result in a less capable, less protected, and harder-to-maintain website. VirtuAmerica does not guarantee that a static export will be identical to the hosted site, support the same integrations, preserve all behavior, maintain the same security posture, or be suitable for any particular third-party host, CMS, framework, or provider.
14. Disclaimers
The Services are provided with reasonable skill and care, but technology depends on networks, third-party providers, browsers, devices, search engines, payment processors, and customer inputs outside our control. Except as expressly stated in these Terms or required by law, the Services are provided “as is” and “as available” without warranties of uninterrupted operation, error-free performance, specific business results, search ranking, lead volume, revenue, regulatory outcome, accessibility outcome, or compatibility with every third-party system.
VirtuAmerica does not provide legal, tax, financial, medical, regulated professional, or government-compliance advice. You are responsible for obtaining professional advice where your organization, industry, jurisdiction, or content requires it.
From time to time, we may make beta, pilot, preview, alpha, evaluation, or early-access features available. Those features are provided “as is” for evaluation purposes only, may be modified or withdrawn at any time, are not subject to any service-level commitment, and are excluded from the warranties, remedies, and uptime expectations otherwise associated with generally available Services.
15. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages arising from these Terms or the Services. To the maximum extent permitted by law, VirtuAmerica’s total liability for all claims relating to the Services is limited to the amounts you paid for the affected Service during the three months before the event giving rise to the claim.
Nothing in these Terms limits liability that cannot legally be limited, including liability for fraud, intentional misconduct, or rights that apply to consumers under mandatory law.
16. Indemnity
You will defend and indemnify VirtuAmerica against claims, damages, losses, costs, and expenses arising from Customer Content, your instructions, your use of the Services, your violation of these Terms, your violation of law, your failure to provide required notices or consents, or your infringement of third-party rights. We will promptly notify you of covered claims and reasonably cooperate at your expense.
17. Force majeure
Neither party will be liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, public health emergencies, labor disputes, internet or utility outages, third-party service failures, sanctions or export disruptions, payment-network disruptions, or cybersecurity incidents not caused by the affected party’s negligence. The affected party will make reasonable efforts to mitigate the impact and resume performance promptly. This section does not excuse payment obligations that accrued before the event.
18. Notices
Notices to VirtuAmerica must be sent to legal@virtuamerica.com or mailed to the address in Section 23. Notices to Customer may be sent to the email address on file for the account, delivered through the customer portal, or sent to a postal address provided in the order. Notices are effective when received, except where applicable law requires another method or timing.
19. Binding arbitration and class-action waiver
Most disputes between you and VirtuAmerica can be resolved informally. Please contact us first at legal@virtuamerica.com or (801) 901-7778 so we can attempt to resolve the dispute through good-faith discussion. If a dispute is not resolved informally within 30 days, the dispute must be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or Consumer Arbitration Rules where applicable). Arbitration will take place in Salt Lake County, Utah, or another location agreed by the parties, and may be conducted remotely where permitted by the rules. The arbitrator’s decision will be final and may be entered as a judgment in any court of competent jurisdiction.
You and VirtuAmerica each waive any right to bring or participate in a class action, collective action, mass action, consolidated action, or representative action, and you and VirtuAmerica each waive any right to a jury trial. The arbitrator may award only individual relief to the party seeking it and may not order class-wide, group, or representative relief. By accepting these Terms, you and VirtuAmerica give up the right to a jury trial and the right to participate in a class or representative action for the disputes covered by this section.
This Section 19 does not apply to: (a) claims for injunctive or equitable relief to protect intellectual property rights, trade secrets, or confidential information; (b) small-claims-court actions within the court’s jurisdictional limits; (c) any dispute that cannot be subject to pre-dispute arbitration under mandatory law in your jurisdiction, including but not limited to mandatory consumer-protection rules in the EU/EEA, the UK, and other jurisdictions where pre-dispute consumer arbitration is unenforceable; or (d) claims subject first to a payment provider’s dispute process or the DMCA Copyright Policy.
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@virtuamerica.com with the subject “Arbitration Opt-Out” and your account or order information. Opting out does not affect any other part of these Terms.
If 25 or more arbitration demands of a substantially similar nature are filed against VirtuAmerica by the same or coordinated counsel or organizations, or with their assistance, the demands will be resolved in staged proceedings: an initial set of up to 10 demands, selected in equal numbers by each side, will proceed as bellwether arbitrations, and the remaining demands will not be filed, administered, or subject to arbitration fees until the bellwether arbitrations conclude. The parties will then make good-faith efforts to resolve the remaining demands informed by the bellwether outcomes, including through mediation if the parties agree, before further staged sets proceed. Applicable limitation periods are tolled for a demand held in abeyance under this paragraph from the date it is first presented to VirtuAmerica until it may proceed. If this paragraph is found unenforceable as to a particular demand, that demand proceeds under the rest of this Section 19.
This Section 19 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., to the maximum extent permitted by law.
20. Governing law and disputes
These Terms are governed by the laws of Utah, United States, without regard to conflict-of-law rules, except where mandatory laws in your jurisdiction require otherwise. Courts located in Salt Lake County, Utah have exclusive jurisdiction for disputes that are not subject to arbitration under Section 19, a mandatory consumer forum, a payment provider process, the DMCA Copyright Policy, or another legally required venue.
21. Assignment, severability, waiver, survival, and entire agreement
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, or transfer of the Services. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. Provisions that by their nature should survive termination will survive, including payment obligations, intellectual property, confidentiality, privacy, disclaimers, liability limits, indemnity, disputes, and post-termination handling. These Terms do not create third-party beneficiary rights, except that VirtuAmerica’s affiliates, licensors, suppliers, and personnel are entitled to rely on the disclaimers, limitations of liability, and indemnities granted to VirtuAmerica.
These Terms, the Service Plan Terms, the Privacy Policy, the Refund Policy, the DMCA Copyright Policy, and the accepted order or written agreement form the agreement for the Services and replace prior discussions about the same subject, except where a signed agreement expressly states that it overrides these Terms.
22. Translations
We may provide translations of these Terms for convenience and international customer clarity. The English version controls to the maximum extent permitted by law if a translation conflicts with the English version, except where mandatory local law requires otherwise.
23. Changes and how to contact us
We may update these Terms to reflect changes in our Services, law, security obligations, payment-provider requirements, or business practices. The updated version will be posted on this page with a new effective date. Material changes to active paid Services will be communicated through reasonable channels when required.
Questions about these Terms can be sent to legal@virtuamerica.com, raised by phone at (801) 901-7778, or mailed to VirtuAmerica LLC, 7533 S Center View Ct #8067, West Jordan, UT 84084, USA.