Below please find Virtue’s Term and Conditions (“Terms”). You agree that your use of this website, Virtue mobile applications or blogs (collectively, the “Sites”) are subject to these Terms and all applicable laws. Any access or use of the Sites is undertaken at your own risk. You agree that you will not violate any law, contract, intellectual property or third party right while using the Sites or use unauthorized means to access and use the Sites.

This Web site is operated by Virtue. The Web site address is www.virtuelabs.com. The mailing address for Virtue is 426 S Dawson Street, Raleigh, NC 27601.

Virtue may change or modify these Terms at any time. We will provide notice of such changes by sending an email, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. Your use of the Sites after these changes constitutes your acceptance of the revised Terms.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

Eligibility

The Sites are intended for use by those 18 or older. By using the sites, you warrant that you are 18 years of age or older, have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites.

Registration, Account and Communication Preferences

Certain areas and features of the Sites require that you register for a Virtue account. By creating an account, you agree to:

• Provide accurate, current and complete account information
• Maintain and update your account information
• Maintain the security of your account credentials
• Be responsible for the actions on our Sites by anyone who uses the Sites on your behalf
• Immediately notify us of any suspicious activity or security breaches related to the Site or your account.

By creating an account, you agree to opt in to receiving electronic or other communications from Virtue and that any electronic notifications we send you satisfies any legal requirements that communications be in writing. We may also send you promotional emails, including promotions, offers, newsletters, surveys and other information we think will be of interest to you. You may opt-out of those promotional emails by following the unsubscribe instructions contained within.

Subscriptions Purchases

We offer the opportunity for you to purchase Virtue product(s) on an ongoing basis and receive them automatically based on an interval that you set. You will be billed at the time we process each subscription order for you. In order to make a subscription purchase, you must create an account. For more information, please visit www.virtuelabs.com/subscriptions on our website and our FAQs.

By registering for subscription purchases, you agree that Virtue or our third party payment process is authorized to charge you for your subscription product purchases. You also agree that those purchases are continuous until you cancel or we suspend or stop the program. You may skip an automatic order as often as you’d like by managing your schedule when logged into your account.

You may cancel your subscription purchases at any time through your account. Any order identified as “Order Processed” or “Shipped” has been processed and cannot be cancelled. You will be responsible for all charges, included taxes and shipping (if applicable), for that order.

Cancelling subscription purchases does not opt you out from receiving Virtue email or promotional communications, unless you expressly unsubscribe from those communications.

We may offer free trials of our subscription purchases for specified periods of time without payment. The specific terms of your free trial will be described in marketing materials or at registration.

Once your free trial ends, we will begin billing you on a recurring basis for your subscription based on the intervals you set, unless you cancel your subscription prior to the end of your free trial. We will not notify that you that your free trial has ended and your billing has begun.

Payment and Billing Information

We accept credit cards (American Express, Visa, MasterCard or Discover) as well as debit cards and PayPal for payment. When you provide a credit card or other accepted payment method, you warrant that you are authorized to use that payment method and you authorize us, or our third party payment processor, to charge your payment method for the total amount of your purchase (including taxes and shipping, if applicable) (collectively, an “Order”). Your Order may be suspended or cancelled if the payment method cannot be verified or is invalid. You may change or update your payment information by logging into your account.

Pricing and Availability

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We may change our prices at our sole discretion and without notice. The shipment of your Order will confirm your acceptance of any price changes.

All Orders are subject to product availability. We reserve the right to impose quantity limits on any Order or to reject all or part of an Order. We also reserve the right to discontinue offering certain products and to substitute products without prior notice.

Taxes

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

Shipping and Handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier and any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.

Deliveries

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible.

Resale of Virtue Products

You are not permitted to resell or otherwise use the Products for commercial purposes.

Returns and Refunds

You may return all or a portion of your Order If you are dissatisfied with your Virtue product within 30 days of purchase. Please contact us at customercare@virtuelabs.com or by calling us at 844-782-4247 in order to receive a refund.

License to Access and Use Our Sites and Content

The Virtue logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Virtue or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. You are granted permission to electronically copy and print hard copies of pages from the Sites solely for personal, non-commercial purposes related to the placement of an order or shopping on the Sites. Any other use of the Sites is prohibited, unless Virtue’s permission is first obtained.

Trademarks

Virtue, the Virtue logo, Virtue product or service names, Virtue slogans and www.virtuelabs.com, as well as page headers, custom graphics, buttons, images and other content on this Web site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Virtue. Other trademarks, product names and company names or logos used on this web site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Web site is strictly prohibited.

Hyperlinks

You may create a text hyperlink to the Sites for noncommercial purposes, as long as that link does not portray Virtue or our products in a false, misleading or negative manner that think does not contain any adult, illegal or offensive material. You may not use a Virtue logo or other Virtue graphic without our express written permission.

User Content

During the course of your interaction with Virtue and the Sites, you may be asked to provide, or provide of your own volition, feedback, reviews, videos, photos, blog posts, social media posts, tips and tricks, etc. (collectively, “User Content”) from your use of Virtue products. By providing this User Content to Virtue and the Sites, you hereby agree to let us use or reproduce this content on the Sites, royalty-free, on social networking sites and/or in our communications to customers and potential customers. You understand that this User Content will be viewable by others in accordance with the privacy settings you establish.

Any User Content must not be unlawful, libelous, defamatory, obscene, pornographic, invasive, abusive or criminal in any way.

Virtue reserves the right to remove or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.

Disclaimers

This website may contain typographical errors or inaccuracies and may not be complete or current. Virtue reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Virtue reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

Modifications to the Sites and Products

We may modify, suspend or discontinue the Sites or our Products at any time.

Backorders

If the merchandise you have selected is currently not in stock we will give you an expected shipping time at checkout or by a follow-up email.

Carriers

Virtue uses different carriers to make sure your items arrive to you on time:

• Federal Express
• United Parcel Service (UPS)
• United States Postal Service (USPS).

We use the USPS for P.O. Boxes, APO and FPO addresses.

Beauty Items with Restrictions on Air Shipping

Restricted items include aerosols, pressurized spray cans and alcohol-based products (including hairspray). Due to air transport restrictions and regulations, these items are required by the U.S. Department of Transportation to be shipped by Standard Ground Shipping only. These restricted items are not eligible for Premium or Overnight Shipping.

Shipping Options and Times

For standard delivery, we will ship your order within two business days after you place your order. Expected delivery dates are one to five business days after we ship.

For expedited shipping/rush/express delivery, orders placed by 3 p.m. ET will be shipped that same business day. Orders placed after 3 p.m. ET will be processed the following business day.

Expedited/rush shipping is available for an additional charge per order and will be delivered one to two business days after shipping.

Express delivery is available for an additional charge per order and will be delivered one business day after shipping.

Text Message Policy

By providing Virtue with your mobile phone number and opting into receiving text messages (including SMS and MMS), you agree that Virtue may send you text messages. These messages may include messages about your purchase or shipment of Virtue products, special offers, new products and other promotions or marketing programs. If you’ve created a customer account on www.virtuelabs.com, we may also send you account maintenance messages, reminders to re-purchase Virtue products or alert you to when your next Subscription Purchase Program Order will be processed and sent to you.

If you are stylist and participate in Virtue’s stylist program and you have opted-in to receiving text messages, we may send you messages about your stylist account, product and usage information and tips, content we think you may find interesting and information about your customers who buy Virtue products.

When you opt in to receive text messages from Virtue, we may send you a confirmation text message that you will need to reply to complete the process. Message and data rates apply. If you wish to stop receiving text messages from Virtue, reply STOP to any text message you receive from Virtue. You may also be able to opt-out or change your preferences at www.virtuelabs.com. Please allow for up to three business days for us to process this request. If you change your mobile number, you agree to notify Virtue of this change and update your account to reflect this change.

TERMS AND CONDITIONS FOR STYLIST REFERRAL PROGRAM

EFFECTIVE DATE: March 24, 2021

 

VIRTUE LABS, LLC (HEREINAFTER REFERRED TO AS "OUR", “WE” OR “US”), IS PLEASED TO OFFER YOU THE VIRTUE STYLIST REFERRAL PROGRAM (THE “PROGRAM”) IN WHICH YOU WILL RECEIVE A COMMISSION FOR THE SALE OF VIRTUE PRODUCTS THROUGH A VIRTUE PORTAL THAT IS CUSTOMIZED FOR YOU AND ASSOCIATED EXCLUSIVELY WITH YOUR BUSINESS. IN ORDER TO PARTICIPATE IN THE PROGRAM, YOU MUST AGREE TO THESE TERMS AND CONDITIONS. IF YOU AGREE TO THEM, PLEASE INDICATE YOUR DECISION BY CLICKING ON “I AGREE”. YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS FORM A BINDING AGREEMENT WITH US (THE “AGREEMENT”) AND GOVERNS OUR RELATIONSHIP WITH RESPECT TO THE PROGRAM. IF YOU DO NOT AGREE, INDICATE YOUR DECISION BY CLICKING ON “I DO NOT AGREE” AND YOU WILL BE RETURNED TO THE HOME PAGE OF THIS WEB SITE.

 

Description

 

We offer you the opportunity to receive a commission (normally set at 20% but temporarily increased to 30% during COVID closures) for any sales of Virtue products that result from your referrals. We do this by setting up a unique Virtue portal for you (the “Portal”), which will track all sales made through the Portal. You can simply refer your customers and others to your unique Portal, and any sales made will automatically result in a commission to you. Virtue will not share the names or contact information of any of your customers with anyone, and all information related to, or provided by, your customers will be protected pursuant to the terms of our Privacy Policy. We will also provide you with a dashboard (the “Dashboard”) that allows you to upload information about yourself to your Portal, track all sales made by your customers, and monitor the commissions you have earned. The Portal may also include certain content and tips from Virtue, which you may find useful.

   

Account Sign-Up & Acceptance

 

The first step in participating in the Program is to apply for an account (the “Account”) and be accepted by Virtue. While we hope to accept all stylists that apply for the Program, we reserve the right to reject any application for any reason. In applying for an Account with the Program, you represent that all information you provide during the Account sign up process and at any time thereafter (“Account Information”) will be true, accurate, complete, and current and that you will promptly update your Account Information as necessary such that it is, at all times, true, accurate, complete, and current. We may use all Account Information, subject to compliance with the our Privacy Policy. You will have password-protected access to your Account, and you alone are responsible for maintaining the security of your Account and Account Information, and for all transactions and communications with us that occur through your Account. You represent that you are at least 18 years of age.

   

Publishing of Content on Your Portal

 

You may be able to publish certain information on your Portal to customize it. You hereby acknowledge and agree that you are solely responsible for all content and materials that you publish on your Portal (“Personalized Content”). You represent, warrant and agree that any Personalized Content you publish will not: (i) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; (ii) contain libelous or defamatory material; or (iii) violate or encourage violation of any applicable laws, rules or regulations. You represent and warrant that you have all legal rights necessary to publish and distribute (or necessary to have us publish and distribute) any Personalized Content or that you own such Personalized Content. You hereby acknowledge and agree that we shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of your Personalized Content for any reason and at our sole discretion. You hereby grant us a perpetual, irrevocable royalty-free license to use your Personalized Content for the purposes of operating your Portal. You also recognize that once you publish Personalized Content on your Portal, that content enters the stream of commerce and may forever be available to third parties via the Internet.

   

Use of Portal Content

 

All content on the Portal that is not Personalized Content (as defined in Section 3 above), is the proprietary property of us or our licensors (the “Portal Content”). Unless otherwise stated on the Portal, Portal Content may not be modified, copied, distributed, reproduced, downloaded, displayed, or sold in any form or by any means, in whole or in part, without the prior written permission of us or the owner of such content. Except as otherwise set forth in this Agreement or the Portal, any unauthorized use of the Portal Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the Portal are trademarks or registered trademarks of us or our licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of us or the owner of such trademarks, logos, trade dress and service marks.

   

Commissions

 

We will pay you a commission in an amount equal to 30% (for a limited time, normally 20%) of the Net Sales of all Virtue Products that occur through your Portal. “Net Sales” means that amount that we receive, less amounts received for shipping, taxes and third-party fees (e.g., credit card fees, etc.). Commissions shall be paid every (1) month to your designated payment account. Please note that the commission percentage and the frequency of payments may be changed at any time, although we presently have no intention to do so. If we refund to a customer the purchase price for any Virtue products for which you have received a commission, we reserve the right to debit the amount of the previously received commission to any amounts due you, including future commissions.

 

In order to participate in the Program, you must provide us a payment account (e.g., PayPal, etc.) to which we can deposit commissions due you. This information will be required in the Account sign up process. At our sole discretion, we may require that you provide us with proof of identification via a government-issued document (e.g., a copy of your passport, driver’s license, etc.) in order to set up your payment account. If you receive a commission deposit to your payment account, we will send you an email that informs you of the amount.

 

You must provide us with accurate and complete contact and payment information for your payment account. You must immediately notify us if any of this information changes. We will keep your payment account information secure and will not disclose the same to any third party. We reserve the right to transfer such information in connection with a sale of our company. Note that at any time if the aggregate commissions generated over the previous 90 days is less than USD $20.00, we may in our sole discretion close your Account and terminate your participation in the Program. We will provide you written notice of such termination if and when it occurs.

   

Indemnification

 

You agree to fully indemnify and hold us and our subsidiaries, affiliates, officers, employees, directors, agents, co-branders and other partners (collectively, the “Related Parties”) harmless, and upon our request, defend us and our Related Parties from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) concerning any claim made by any third party due to or arising out of or related to: (i) any Personalized Content that you provide; (iii) your violation of this Agreement; or (iv) your violation of any law, rule or regulation or the rights of any third party.  

   

Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND THE RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM OR YOUR USE OF THE PORTAL. IN NO CASE SHALL THE AGGREGATE LIABILITY OF US OR ANY OF THE RELATED PARTIES UNDER THIS AGREEMENT FOR ALL CAUSES OF ACTION EXCEED THE AMOUNT OF COMMISSIONS THEN-OWED TO YOU FROM THE NET SALES OF VIRTUE PRODUCTS THROUGH THE PORTAL. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF US AND OUR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 

   

Disclaimer & Termination

 

We are not responsible or liable to you in any way as a result of any incorrect or inaccurate information you provide to us including information related to your Account or your payment account, mailing address, or email address. We may terminate the Program at any time in the event that our company is sold, or for any other reason.  WE DO NOT PROMISE OR GUARANTY THAT ANYONE WILL PURCHASE VIRTUE PRODUCTS FROM YOUR PORTAL OR THAT YOU WILL RECEIVE ANY COMMISSIONS. We may suspend or terminate your Account any time and for any reason, including without limitation any breach by you of the terms of this Agreement. Your continued participation in the Program may be subject to annual reviews of you or your business. You may terminate your participation in the Program at any time by following the procedures available via the Dashboard. If you or we suspend or terminate your participation in the Program, our obligation to pay commissions may immediately cease. Any sections of this Agreement which, by their nature, should survive the termination of this Agreement will survive including Sections 3, 4, 5, 6, 7, 8, 9, and 10. 

   

Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-569.1 et seq. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt. You agree that you will not participate in any class action legal actions related to this Agreement or the Program.

   

Miscellaneous

 

This Agreement sets forth the entire agreement between you and us pertaining to the Program. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page, notify you of the change, and will indicate at the top of this page the new effective date. Your continued participation in the Program constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, you may cease your participation in the Program by following the termination provisions available from your Dashboard. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.  Nothing in this Agreement creates, or is deemed to create, a partnership or joint venture or relationship of employer and employee or principal and agent between you and us, and in all events you will act as an independent contractor. The Agreement is not a contract of employment. You are solely responsible for all taxes to be paid based on your receipt of commissions. You shall indemnify us for and in respect of: any income tax, social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with your receipt of commissions and payments hereunder, as well as any liability arising from any employment-related claim or any claim based on worker status.

TERMS AND CONDITIONS FOR VIRTUE® PRO REWARDS

EFFECTIVE DATE: April 2, 2024

 

1. Eligibility & Enrollment

1.1 Virtue® Pro Rewards is offered at the sole discretion of Virtue Labs, LLC. The program is an exclusive benefit for salon partners with a physical address in the United States or Canada with an active cosmetology license and/or business number.

1.2 By opening a Virtue® Professional salon account, you agree that you have read, understood, and agree to be bound by these Rewards Terms & Conditions. On occasion, these terms may be updated and you will be notified by email of updates, and a timestamp of the change will be added to the terms page. These terms do not alter in any way the terms or conditions set in any other agreement you have with us. The program is void where prohibited by law.

2. Rewards Enrollment

2.1 Only approved salon partners can participate in Virtue® Pro Rewards. To get started, create a pro account on virtueprofessional.com, then request wholesale pricing. 

2.2 You are required to provide your full name, mailing address, email address, phone number, and a copy of your cosmetology license to enroll as a Virtue Pro. You are solely responsible for updating your account information.

3. Benefits & Redemption

3.1 Points begin accruing on your salon’s opening order and continue to accrue on every reorder made through virtueprofessional.com, your account manager or participating distributors throughout the quarter. When you have reached the minimum spend threshold, you unlock one of three reward tier benefits and will receive 6-12% of your purchases back in points to spend on back bar, ColorKick®, merch, and education. 

3.3 Purchases on viruelabs.com or through other Virtue Pro partners or retailers do not qualify for points.

3.3 Reward points are issued at the start of every quarter and awarded based on the previous quarter’s defined purchase tiers, starting at a minimum spend of $1,251 excluding shipping and any tax paid:

3.4 Converting points to dollars is easy: 1 point = $1. They can be spent on back bar, ColorKick®, merch, and education. Points are not applicable to tax and shipping.

3.5 In-person education must be booked within 30 days of points redemption but can be scheduled indefinitely. Reach out to your rep for available dates and class topics.

3.6 Rewards cannot be shared or gifted. If your salon has multiple locations, you can, on request, combine each location’s spend to award to one of your salon’s accounts. To make this change, contact your account manager or Customer Care at customercare@virtuelabs.com or 844-782-4247.

3.7 Unused points expire 30 days after being added to your account and cannot be carried over into the next quarter.

3.8 Items purchased with points from the Back Bar Rewards collection are final sale. If you received an item in error, a defective item, or a reward is missing from your order, please contact your account manager or Customer Care at customercare@virtuelabs.com or 844-782-4247.

3.9 Virtue Pro Rewards points have no cash value.

4. Termination & Modification

4.1 Your account must be current to earn and redeem rewards. If you have an outstanding balance, points will be forfeited. 

4.2 Products redeemed with points are not eligible for resale. Failure to comply will close your Virtue Pro Rewards account and any unused points will be forfeited.

4.3 Virtue reserves the right to modify or close Virtue Pro Rewards at any time for any reason without notice. 

4.4 If you decide you no longer want to be a part of Virtue® Pro Rewards, you may terminate your enrollment at any time by contact Customer Care at 844-782-4247.

5. Limitation of Liability

5.1 NEITHER VIRTUE NOR OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. 

5.2. YOU AGREE THAT NEITHER VIRTUE NOR OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. 

5.3 FURTHER AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW NEITHER VIRTUE NOR OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00). 

5.4 YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE PROGRAM TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.