SITE INFORMATION

WELCOME TO THE SITE

Authorized by Mr. Vincent Irizarry as his official site, we present the latest news, press, and an extensive media collection of photos and video clips. You can also find information on Vincent’s upcoming appearances and events, where to connect with him online, how to join his official fan club, and to signup for newsletter updates.  We are also planning exciting new site features & content so check back often!
To ensure optimum viewing of this site, please review the technical information below.  Please also take a moment to review our site Privacy Policy and Terms of Use.  Viewing and or use of this site, along with any site components, constitutes agreement with all terms, policies, and guidelines.  For any questions or concerns, please do not hesitate to contact us.
If you would like to receive email notifications of site updates, fill out the Contact Us form located in the lower right footer of every site page.  Or send an email to admin@vincent-irizarry.com with “Subscribe Request” in the subject line.  If you prefer receiving site updates via Facebook or Twitter, you can friend me on Facebook [click here] — you need to be logged into Facebook or the link will appear to be broken.  You may also follow me on Twitter [click here].  These are my site administrator accounts to relay website updates.  If you wish to follow Vincent himself, check out all of his official social media links on our Fan Corner page. Vincent posts quite often, so you won’t want to miss his updates!
In addition to this official site, I have been honored to collaborate with Vincent to design the Vincent Irizarry Photography Site and the Fall in Love Again Cabaret Site.  I have also enjoyed serving as the Public Relations & Business Manager for Vincent’s official fan club, “Friends of Vincent Irizarry” for the past 12 years.
We are very excited at the opportunity to connect with everyone online, whether it be via this site, social media venues, or the fan club.  We truly thank you all for your enthusiasm in supporting Vincent and his many creative endeavors, projects, and charity work.  Thank you for stopping by and we hope you enjoy your time here!
Best regards,
Rachel Anderson & Vincent Irizarry
Site Administrators
Official Vincent Irizarry Site

TECHNICAL SITE INFORMATION

This website is best viewed in Mozilla Firefox or Google ChromeCertain social media and API feed codes may not properly display in Microsoft Internet Explorer, due to its current lack of compatibility updates in this arena.  This may change with future releases of Internet Explorer.  If you experience format viewing problems while using Internet Explorer, we recommend you use Firefox or Chrome to improve your viewing experience.  As a recommendation for Chrome users, you may need to download an .mp3 player extension if the audio interviews do not automatically play.  Click here to browse the Google Chrome webstore.

Regardless of which browser you use, please ensure you have the Adobe ® Flash Player installed.  This will be required to view photos, articles, and video clips.  If you experience any issues with the flash player plugins (usually problems with enabling javascript or clearing the player cache) you might find helpful information from Adobe support or Apple support

Presently, the Apple corporation has chosen to not support Flash files on its mobile browser platforms, such as the iPhone ®, the Pod Touch ® and the iPad ®.  For that reason, the flash media presented on this site cannot be viewed on those Apple mobile devices with the present iOS.  However, this exclusion does not apply to desktop Mac ® computers using the desktop version of the Safari browser.  All flash files will play on other mobile devices using the Android ® operating system, as the Adobe flash player is usually preinstalled.   The site administrator is currently converting all videos to the HTML5 format which will increase compatibility with all mobile devices in the future.

PRIVACY POLICY

GENERAL INFORMATION
Vincent-Irizarry.com and VincentIrizarry.com (“Website” “we” “our” or “us”) believes that your privacy is very important.  This Policy outlines the types of personally identifiable or personal information (“personal information”) that we will collect from you through the Website, and how we will use that personal information. This Policy only governs our online collection of personal information through the aforementioned domains, and not the policies of other third-party websites that you might visit via our provided informational links.  Your use of this Website, and your voluntary submission of information to us, constitutes your consent to this Privacy Policy.

PERSONAL INFORMATION WE COLLECT
We do not collect any personal information or data unless you provide such information to us voluntarily.  This includes your name, e-mail address, mailing address, and/or date of birth if you choose to provide them to us, either via the mailing list subscription form, or the fanclub signup form.  We do not collect any personal information from you simply by virtue of your visiting our Website; we only collect it if you choose to submit it to us.  It is entirely your choice whether or not you provide personal information to us.  Computer data (non-personal information) may be automatically collected and stored by our site hosting server.  Such data may include  URLs of referring websites or search engines, your IP address, your browser type, and the date and time of your Website visit(s).  This aggregated data is not personally identifiable to you beyond your static IP address and is not shared with anyone, outside of law enforcement or for other compliance and security purposes.

USE OF THE INFORMATION WE COLLECT
We may use any contact information you voluntarily provide us to contact you regarding the services or products you are signing up for.  Your personal information is never disseminated to anyone outside the Official Site or Official Fanclub staff management.   If you have signed up for site updates or fanclub newsletters, you may opt-out of receiving such materials at any time in accordance with the instructions provided in this Policy.  We may also disclose personal or other information collected if required by law or court order, if the information relates to actual or threatened harmful conduct, to investigate and/or take action against illegal activity, suspected abuse or unauthorized use of the Website, or to protect the property or safety of others.

THIRD PARTY WEBSITES
This Website contains links to other websites and web pages.  When you click on such links, you will be taken to other third party websites not related to this Website.  You are then no longer subject to this Privacy Policy, but are instead subject to the terms of use and privacy policies that apply to those third party website(s).  We disclaim all liability related to such third party websites.

CHILDRENS’ ONLINE PRIVACY
Protecting childrens’ privacy is very important to this Website. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws.  No information should be submitted to this Website by visitors who are younger than 13 years of age.  If made known to us, any personal information that is inadvertently submitted to this Website from visitors under 13 years of age will be discarded in accordance with the Children’s Online Privacy Protection Act.   E-mail addresses of minors between 13 – 18 years of age submitted during fan club signup are kept by this Website for identification purposes only, and under no circumstances will be displayed or made publicly available.  This Website cannot be held liable for information submitted to us outside of our policies and recommendations (e.g. a minor under the age of 13 fraudulently representing their age during fan club or newsletter signups).

While this Website has made every reasonable attempt to ensure its appropriateness for all ages, the website cannot be responsible for the actions of your minor children, to include their exchanges with other third parties.   The responsibility of ensuring a minor child’s online safety or exposure to content (deemed unsuitable by the minor’s parent or legal guardian), rests solely with the responsible parent or legal guardian.  Every reasonable effort is made by management officials of this Website to moderate certain aspects of the site, to include the official message board.  However, the target audience of this Website is geared towards adults and minors above the age of 14.  Accordingly, this Website and its management shall bear no liability regarding conduct by, or towards, its viewers under this target age.  We strongly advocate and expect proper parental supervision and participation regarding all online activities of minor children.

CHANGES
We reserve the right to change this Privacy Policy at any time, and to collect information, and personal information, in addition to the information described in this Policy. Therefore, please review this Privacy Policy from time to time as it may change. Your continued use of the Website after such change constitutes your acceptance of any such change(s), and if you do not accept any changes, you may choose not to use the Website or opt out by sending us an appropriate notice.

LEGAL DISCLAIMER
This Website operates AS-IS, and we do not represent or warrant that the Website will be available at all times, or that your use of the Website will be uninterrupted or error-free. We are not responsible for your ability to access this Website, or for matters beyond our control. This Privacy Policy is governed by the laws of the Commonwealth of Virginia, excluding its provisions on choice of law.  This Website is intended for the use of United States (U.S.) entities and individuals and runs on U.S. based servers, and we make no attempt to comply with the privacy (or security) policies of any country other than the United States.

TERMS OF USE

 

I.  GENERAL INFORMATION

This Terms of Use Agreement (“Agreement”) applies to this Website and any related or successor websites and any other features, content, or applications offered from time to time by us in connection with or via the Website (collectively, the “Services”). The Services and the Website are hosted in the U.S.

This Agreement sets forth the legally binding terms for your use of the Website and the Services (“you”).  By using the Website, you agree to be bound by this Agreement. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement.  Please read this Agreement carefully. If you do not agree with it, please leave the Website and discontinue use of the Website immediately.  This Agreement includes our policy for acceptable use of the Website and Services, your rights, obligations and restrictions regarding your use of the Website and Services and our Privacy Policy. In order to participate in certain Services, you may be required to agree to additional terms and conditions. Such additional terms are hereby incorporated into this Agreement by this reference.

We may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Website or Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish to accept any change, you may choose not to use the Website or Services, or you may opt out of any offer by contacting us.  We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or Services at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Website or Services if we determine, in our sole discretion, that you pose a threat to the Website or our other users, or that you have violated this Agreement.

 

II.  CONTENT

A.  PROPRIETARY RIGHTS
You acknowledge that the Website contains content that is owned by this Website, our providers, licensors, and contracted photographers (“Proprietary Content”), and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.  Such Proprietary Content includes, without limitation, video clips, film trailers, photographs, articles, interviews, text and graphics.  The Website, including all Proprietary Content thereon, is protected by copyright under U.S. law and international treaties.  You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Proprietary Content, in whole or in part.  Third party content obtained and displayed on this Website (e.g. magazine articles) have legitimate copyright releases granted to this official site.  Where direct releases could not be obtained, the content and images were legitimately purchased.  Usage of any software, code, scripts, or related programs to extract images or content from this Website is a violation of this Agreement, as well as federal copyright laws.  This Website is not officially endorsed by, or affiliated with, ABC, ABC.com, CBS, CBS.com, SoapNet, All My Children, The Young & the Restless, Guiding Light, or any other show presented or mentioned. All copyrights and trademarks are the express intellectual property of its respective owners.  Please visit those third party websites to review the restriction on use of copyrighted material specific to them.  Content on this Website is shared for information, entertainment, and non-commercial purposes for the fans of Vincent Irizarry. If you believe we have inadvertently violated any copyright policies, please contact us  and the material will be removed immediately or given its appropriate credit. Conversely, all original images, pictures, source code, and website content displayed on this website are the express property of this website, and/or contributing individuals. Use of any and all original content found on said website, including, but not limited to information, content, design elements, images, graphics, pictures, videos, and slideshows may not be used elsewhere, for personal or commercial use, without the express, written consent of this Website.

B.  VIDEO & PHOTO CONTENT SUITABILITY
This Website contains video and photo content, including, without limitation, trailers and television/film clips, that may contain adult language and themes. Before viewing any video content on the Website please first check the Television Parental Guidelines rating for the show from which the video content is taken in order to ensure that you are comfortable viewing such material. We do not warrant the accuracy, correctness, reliability, comprehensiveness, or currency of any rating provided by the TPG, but it is referenced to as a general guideline.   As of April 29, 2013, Prospect Park Productions / The Online Network began airing “All My Children” via online mediums, including Hulu.com, HuluPlus.com, and iTunes.  As such, decisions were made to lift certain content restrictions previously exercised in the past.  The new format presents suggestive dialogue, sexual situations, suggestive language, coarse language, and mild violence.  The responsibility of ensuring a minor child’s online safety or exposure to content (deemed unsuitable by the minor’s parent or legal guardian), rests solely with the responsible parent or legal guardian.  The target audience of this Website is geared towards adults and mature minors above the age of 14.  We strongly advocate and expect proper parental supervision and participation regarding all online activities of minor children.

C.  NON-COMMERCIAL USE
The Website is for your non-commercial, personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  Appropriate legal action will be taken for any illegal or unauthorized use of the Website or Services.

D. LINKS
This Website, or other third parties, may provide links to other World Wide Web sites or resources. Because this Website has no control over such sites and resources, you acknowledge and agree that this Website, and its management officials, officers, agents, other partners, and/or employees are not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that this Website shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such site or resource.

 

III.  YOUR ONLINE CONDUCT

A. GENERAL AGREEMENT
You, as a user, agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, false, misleading, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

We may disclose any electronic communication of any kind (i) to satisfy any law, regulation, or court/government order or request; (ii) if such disclosure is necessary or appropriate to operate our Website; or (iii) to protect our rights or property as well as that of our officers, directors, employees, agents, third-party content providers, sponsors, and licensors (collectively, “Providers”) and any other user.  We reserve the right to prohibit conduct or communication that we deem in our sole discretion to be harmful to us, to individual users, to the Website, to our Providers, to the communities that use the Website, or to any third party, or which we believe to violate any applicable law.

B. AGE OF USERS
This Website is not intended for use by minors under the age of 13.  If you are under the age of 13, you may view, use, and/or participate with this Website only with express parental consent.  This Website is released from all liability from parental objections as to suitability of content for said minors, or for results arising from Website viewing and participation by said minors as a result of unsupervised online activities, as well as fraudulent representations of age during message board registration and/or fan club signup.

C. PROHIBITED ACTIVITY
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communications from the Website and reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to activity that, in our sole discretion:

1.  Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2.  Harasses or advocates harassment of another person;
3.  Is false or misleading;
4.  Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
5.  Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
6.  Constitutes, furthers or promotes any criminal or tortious activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone’s privacy, or providing or creating computer viruses;
7.  Solicits personal identifying information for commercial or unlawful purposes from other users;
8.  Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
9.  Interferes with, disrupts, or creates an undue burden on the Website or the networks or services connected to the Website;
10.  Uses any information obtained from the Services or the Website in order to harass, abuse, or harm another person;
11.  Uses the Website or Services in a manner inconsistent with any and all applicable laws and regulations.

D.  MESSAGE BOARD USAGE TERMS
This Website may include an affiliated message board where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials. While every effort will be made to monitor and moderate the message board, this Website does not control or specifically authorize all material posted by third parties. All posted content, whether by the message board staff or registered users, does not reflect the views or opinions of Mr. Vincent Irizarry or the Official Website in general.  In no event shall the Website assume or have any responsibility or liability for any materials posted on any message board or forum, to include the Official Message Board, Facebook ® or Twitter ®, or for any claims, damages or losses resulting from use via this Website.  We reserve the right at all times to disclose any information (including the identity of the persons providing information or materials on the official message boards) as necessary to satisfy any law, regulation or governmental request. In addition, this Website reserves the right to edit, moderate, refuse to post, or to remove any information or materials, in whole or in part, that in the sole discretion of Website management are deemed objectionable or in violation of this Terms of Use. Message board services are provided to individuals who are at least eighteen (18) years of age.  Minors are the sole responsibility of their parents or legal guardians. Usage of this Website’s message board constitutes compliance with this policy. We cannot be responsible for fraudulent representations of age when signup or registration to the message board occurs.  By posting messages, uploading files, inputting data, or engaging in any other form of communication through any message board service affiliated with this Website, you agree you are posting information in a public forum and thereby grant this Website a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.


E.  MESSAGE BOARD RULES OF CONDUCT

It is a condition of your use of the Website message board, or any other associated forum, that you do not:

1. Use any message board or forum for any illegal purposes, or to solicit any illegal act; Restrict or inhibit any other user from using and enjoying the message board or forum; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, sexually explicit, or indecent information of any kind, including images and language; Post any message that solicits gambling or engage in any gambling activity; Transmit or upload any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. Transmit or upload any information, software or other material which contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices; Post any defamatory, libelous, hateful, or harassing messages, information or material; Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing. Use the service for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or “spamming” or in connection with contests, surveys or pyramid schemes. Try to gain unauthorized access to the service, other users’ accounts, or computers connected to the service though password mining or other means.

2. Interfere with another user’s use and enjoyment of the services or any other individual’s user and enjoyment of similar services.

F.   MESSAGE BOARD TERMINATION OF ACCOUNT
Through your voluntary registration of any message board service provided by this Website, you agree that we, in our sole discretion, may terminate your registration or membership (any part thereof) associated with the message board, and remove and discard any posted content from said service(s), for any reason, including, without limitation, if designated management officials of this Website believe that you have violated or acted inconsistently with the letter or spirit of this Website’s Terms of Use or other applicable laws or regulations. This Website, in its sole discretion, and at any time, may discontinue your membership and/or its message board services, or any part thereof, with or without notice. You agree that any termination of your access to use of services provided by this Website, or termination of usage of any Website component, under any provision of these Terms of Use, may be effected without prior notice.  You thereby acknowledge and agree that this Website, or other affiliated and authorized entity, may immediately deactivate or delete your membership and account and all related information and files in your account, and/or bar any further access to such files.  Further, you agree that this Website shall not be liable to you or other third-parties for any termination of your access to said accounts or services.

 

IV. ELECTRONIC COMMUNICATIONS & NOTICES

When you visit this Website, or send electronic mail (“email”) to us, you are communicating with us electronically, which constitutes your consent to receive communications from us electronically.  We will communicate with you by email (if you voluntarily signed up for email updates) or by posting notices on this Website.  You agree that all notices, disclosures, agreements, or other communications we provide you electronically satisfy any legal requirement that such communications to you be “in writing” with or without receipt confirmation of said email.  Communications transmitted to your voluntarily provided email address or Facebook ® address of record, will be deemed successfully transmitted to you, barring a failed delivery attempt notice issued by your email provider (e.g. Yahoo Mail, GMail, AOL, MSN, etc.)

 

V. DISCLAIMERS AND LIMITATION OF LIABILITY

THE WEBSITE IS PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE OR THE SERVICES; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE WEBSITE OR THE SERVICES; OR (IV) THAT THE WEBSITE, ITS SERVERS, THE SERVICES OR E-MAIL SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR ANY OF OUR PROVIDERS GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR THE SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS BEYOND OUR CONTROL OR THAT OF ANY OF OUR PROVIDERS.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OUR PROVIDERS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.

NEITHER WE NOR ANY OF OUR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES, EVEN IF WE OR OUR PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.

 

VI. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whoe, or in part, within any jurisdiction, each provision shall, as to each jurisdiction, be ineffective to the extent of such invalidity or unenforceability without affecting the validity or enforceability thereof in any other jurisdiction, or the remaining provisions hereof in any jurisdiction.

 

VII. APPLICABLE LAW & JURISIDICTION

The Website is created and controlled via the domains www.vincent-irizarry.com and www.vincentirizarry.com in the Commonwealth of Virginia. As such, the laws of the Commonwealth of Virginia will govern these Terms of Use, without giving effect to any principles directing the choice of another jurisdiction’s laws. The parties agree that, subject to Section VIII of this Agreement, exclusive venue shall be in courts of competent jurisdiction sitting in the Website Administrator’s county of residence in Virginia.

 

VIII. BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or any Related Agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with Virginia Arbitration Code 8.01-577, as applicable to this Agreement. Such arbitration shall occur in the county of residence of the Website Administrator in the Commonwealth of Virginia, and be initiated by any party in accordance with the Virginia Arbitration Code. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in order to protect our intellectual property rights and to support our rights and remedies hereunder without waiving any right to arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).

 

IX. INDEMNITY

You agree to indemnify and hold this Website, its Providers, and its and their subsidiaries, affiliates, and respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including attorneys’ fees, by any party, due to or arising out of your use of this Website or Services in violation of this Agreement, and/or arising from a breach of this Agreement, and/or any breach of your representations and warranties set forth above, and/or if any content that you post on this Website or through the Services causes us to be liable to another person.

 

X. OTHER

This Agreement is accepted upon your use of the Website or any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of this Website and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permitted by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

XI. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the understanding between you and us regarding your relationship with us and supersedes any prior statements or representations. When using the Website, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

 

XII. MODIFICATION

We reserve the right to make changes to the Website, posted policies and these Terms of Use at any time without notice.

VINCENT-IRIZARRY.COM © 2006-2014 : ALL RIGHTS RESERVED : Designed by Rachel Anderson