Terms & Conditions

IMPORTANT

Please read this Citizenship Agreement (the "Agreement") carefully before becoming a Citizen of Virburbia and a participating in the Virburbia Citizenship Rewards (“Rewards”) Program (the "Program").  This Agreement explains the terms and conditions governing participation in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them.  By participating in the Program or by downloading, installing and/or utilizing the Software, you agree to be bound by the Program Terms and Conditions.  Citizenship is defined as providing Virburbia with your valid email address and a password in which to access your account.  Downloading, installing, and/or utilizing the Software does not confer the status of "Citizen" until the Software user completes the Enrollment process.  Participation in the Program and its benefits are offered at the discretion of Virburbia, and Virburbia has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.

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ELIGIBILITY

1.  You must be an individual, 18 years of age or older.

2.  Citizens must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of Virburbia.  You may maintain only one account.  Any duplicate accounts will be subject to cancellation.

3.  The Program is only available via access to the Virburbia Web site (http://www.Virburbia.com).  You must have Internet access and an email address to be eligible to receive the privileges and benefits of citizenship.  Virburbia is not responsible for your inability to connect to the Internet, log into the Virburbia Web site, or access your Virburbia account.

4.  By agreeing to these terms, you also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their citizenship at Virburbia.  Refusal to abide by this or any other rules may result in Virburbia canceling your citizenship.

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ACCRUAL OF DISCOUNTS

5.  Citizens will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you at one of the online merchants affiliated with Virburbia (an "Affiliated Merchant").  The percentage will be enumerated on the Virburbia Web site as it relates to each Affiliated Merchant.  The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Merchant defines on their respective Web site and as is enumerated in their respective Affiliate Membership and/or Operating Agreement document, whichever is less.  All Affiliated Merchant Membership and/or Operating Agreements as they relate to their affiliate or partner programs with Virburbia and which reside on the Affiliated Merchant's respective Web sites are hereby incorporated into this Agreement by reference.

6.  As a Citizen, purchases made through Virburbia Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn a Virburbia Citizenship Reward if and only if all of the following criteria are satisfied:

1. "Cookies", both first and third party (if applicable), must be enabled on your Web browser.

2. All potential Qualified Purchases must begin by clicking on the Affiliated Merchant's link that appears on the Virburbia Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click.  For reliability of tracking we recommend you start your shopping trip at the Virburbia.com website.

3. Virburbia may, at all times, route your request for a merchant site through specific links, in order to assure that the sale can be tracked correctly.  Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase.

4. All purchases must be started and completed in one shopping session within the Virburbia program.  If you start a purchase, then complete it in a different session, you will be ineligible for a Reward.

5. Citizens must not use coupons not listed on the Virburbia website.

6. Items shold not be returned. If they are, the initial purchase will be invalidated and not be deemed a Qualified Purchase.

7. Purchases from "Coupons Only" and "No Discount" Affiliated Merchants are not deemed "Qualified Purchase."

7.  The determination of whether or not a purchase made through a Virburbia Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of Virburbia.

8.  "Account Activation" is completed upon the making of a Qualified Purchase at any Virburbia merchant site. In case of return or cancellation, Virburbia retains the right to reverse account credit.

9.  If an Affiliated Merchant fails to report a transaction to Virburbia, or withholds payment to Virburbia for a particular transaction for any reason, Virburbia reserves the right to cancel the Reward associated with that transaction.  Rewards awarded to citizens are subject to adjustments for returns, cancellations, and other events.  Such adjustments can be applied to Citizens accounts at any time by Virburbia at its sole discretion.  Should you disagree with any adjustments made to your account, your sole remedy is to withdraw your citizenship from the Program.

10.  You may be taxed on your accrual of Rewards, depending on the amount of Rewards you accrue and the tax laws of federal, state, and local jurisdictions. Virburbia may choose to provide you with those notices to you on occasion.  In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of Rewards.

11.  There are a number of purchases that are not eligible for accrual or payment of Rewards.  For a complete list, go to our FAQ page that lists ineligible purchases.

12.  It is your responsibility to check your account regularly to ensure that Rewards have been properly credited and that your account balance is accurate.  If you do not believe that a Reward has been correctly credited to your account you must wait at least 30 days but no more than 90 days after completing a Qualifying Purchase to contact Virburbia Customer Care.  Furthermore, all Rewards earned by Citizens are subject to review.  Necessary adjustments may be applied to Citizens accounts at any time by Virburbia at its sole discretion.  If you do not agree to adjustments made to your account, your only recourse will be to terminate your citizenship in the Virburbia.  Virburbia reserves the right to terminate any account for abusive or fraudulent activity, or if the Citizen is no longer reachable at the e-mail address provided.

13.  Virburbia is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of rewards caused by such changes, discontinuance, or withdrawal.  Virburbia is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site.  It is the Citizen's responsibility to make sure that all specials are valid.  If you choose to use coupons and specials that are not listed on the Virburbia site, we cannot guarantee that you will be eligible to receive a Virburbia reward on your purchases.

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PAYMENT SCHEDULE

14.  Every three months Virburbia sends to its citizens the Rewards that they have earned, provided that the citizen has earned at least $25.00 in Rewards.  If the member has earned less than $25.00 in Rewards, Virburbia will carry the member’s money over to the next check.  Accrued rewards will be dispersed to the Citizens on or around May 15th, August 15th, November 15th, and February 15th. In order for an accrued reward to be eligible for payment on the above dates, the Qualified Purchase must occur 45 days prior to the payment date (by March 31st for a May 15th payment, June 30th for an August 15th payment, October 31st for a November 15th payment, December 31st for a May 15th payment).

15.  It is your responsibility to keep your account information current in order to facilitate the payment of your rewards. In the event that your information is not current at the time of payment, your rewards are carried over to the next quarter and you forfeit all accrued rewards to Virburbia after one year of Virburbia’s inability to facilitate payment.  Virburbia can pay you by putting your savings in your PayPal account as well.  Simply make the changes to your account preferences and add your PayPal account information.  If an error occurs in payment, Virburbia Customer Service will assist citizens in determining the cause of any non-payment.  If it has been determined that non-payment was caused by a process error in payment automation or other cause that was our fault, all accrued rewards will be re-paid to you in full.  However, Virburbia is not responsible for any misapplied checks sent to the wrong address and subsequently cashed if these errors were caused by inaccurate email or contact information provided by the citizen.

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ACCOUNT ACCESS AND PASSWORD

16.  Upon Citizenship and registration for the Program, you will select a password that will allow you to access your Virburbia account (via the Virburbia Web site) to verify transfers, check account balances, and modify your account information.

18.  You must be logged into Virburbia and enter your password to change your account settings and payment preferences.  You may check your account status and recent earning history at any time by clicking any of the several “Account” links on the Virburbia Website.

19.  Virburbia is entitled to act on instructions received under your password.  For security purposes, it is recommended that you memorize your password, and do not write it down.  You are responsible for keeping your email address, password, account numbers, and other account information confidential.  Virburbia is not responsible for any credits or debits made to your account by someone else who uses your password.

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DISCLOSURE OF ACCOUNT INFORMATION

(i)  To agents and licensors of Virburbia or its affiliates, such as independent auditors, consultants or attorneys;
(ii)  To comply with government agency or court orders or requests;
(iii)  In providing aggregated and non-personalized marketing services for an advertising or merchant partner, or
(iv)  Where it is necessary for redemption or transfer of your rewards.  Further, you authorize Virburbia to receive any account information from any Affiliated Merchant including, but not limited to information regarding purchases made, items searched for or added to your shopping cart, products ordered, order number, the time and date the purchase occurred, and the email address entered for the purchase.  You agree to hold the Affiliated Merchant harmless for any information disclosed to Virburbia.  You allow Virburbia to collect and use non- personalized marketing information regarding visits related to and purchases made from internet commerce sites.

21.  By signing up for citizenship at Virburbia, you agree to receive communications that are account and citizenship related (e.g. that we've added money to your account, that we are mailing you a check on a certain date, that new features are available on the Virburbia site, etc.) as well as periodic shopping-related emails that highlight coupons & special deals that are available to Virburbia citizens.  You can opt-out of receiving emails that are not account-related by either

(i)  Visiting your account page and clicking on the Profile link, or

(ii)  Following the unsubscribe link on any of the emails.

Since we need to communicate account information with you in order to operate our service, you can't unsubscribe from account information emails.  But rest assured that we don't send account emails unnecessarily.  These are not promotional emails, and are only used to notify you that a check is on the way, that we put money in your account, that we need a mailing address to send your check to, that we mailed you a check and it came back to us as having a bad address, and so forth.  If you don't wish to ever hear from us, even if just to hear that we tracked your purchase and awarded you Rewards, you can close down your account by contacting customer service.

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DISCLAIMER

22.  THE VIRBURBIA PROGRAM AND THE SOFTWARE ARE BEING PROVIDED TO CITIZENS "AS IS" WITH NO WARRANTY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRBURBIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

23. VIRBURBIA DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH VIRBURBIA INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE VIRBURBIA WEB SITE, VIRBURBIA DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, VIRBURBIA DOES NOT WARRANT THAT ACCESS TO THIS SITE OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND VIRBURBIA ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE OR YOUR USE OR INABILITY TO USE THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE REWARDS BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT.

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LIMITATION OF LIABILITY

24.  IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH VIRBURBIA HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF VIRBURBIA OBLIGATIONS.  YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY VIRBURBIA.  IN NO EVENT SHALL VIRBURBIA BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH:

(I)  THE PROGRAM;

(II)  ANY FAILURE, DELAY, OR DECISION BY VIRBURBIA IN ADMINISTERING THE PROGRAM;

(III)  THE USE OR INABILITY TO USE THIS WEB SITE;

(IV)  THE USE OR INABILITY TO USE THE SOFTWARE INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, OR

(V)  THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF VIRBURBIA, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

25.  CITIZEN AGREES TO INDEMNIFY AND HOLD VIRBURBIA, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CITIZEN'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY CITIZEN, OR THE INFRINGEMENT BY CITIZEN, OR OTHER USER OF THE PROGRAM USING THE CITIZEN'S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY CITIZEN COMMUNICATIONS.

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TERMINATION OR CHANGES TO THE PROGRAM

26.  Virburbia reserves the right to terminate the Program at any time with notice.  This means you will have sixty (60) days from the date notice of Program termination is provided to Citizens to redeem rewards in your account.  Notification of Program termination will be sent to the email address you provide to Virburbia during the citizenship process.  Virburbia will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Virburbia, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform Virburbia of a change in your email address.

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27.  Virburbia may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification.  It is your responsibility to check the Citizenship Agreement page of the Virburbia Web site regularly to determine whether this Agreement has been modified.  If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

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TERMINATION OF CITIZENSHIP

28.  Citizenship is subject to the Program Terms and Conditions.  Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of rewards, or any misrepresentation of any information furnished to Virburbia or its affiliates by you, or anyone acting on your behalf, may result in the termination of your citizenship, cancellation of your Virburbia account and/or forfeiture of your accrued rewards.  Virburbia also reserves the right to close accounts that have been inactive for more than 12 months.  We call these 'Dead Accounts'. Inactivity is defined as no tracked visits, either cookied or manually logged in.  Any Dead Account will have all funds in it taken back by Virburbia, and we will no longer allow citizen login under that username and password.

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DISPUTES/ERRORS

29.  All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of rewards for accrual or redemption, must be submitted in writing within 60 days of the qualifying transaction, to Virburbia at: Customer Service, JA-Partners, LLC, 1903 Lone Oak Road, Johnson City, TN, 37604, or contact Customer Care.  Any such disputes shall be resolved by Virburbia at its sole discretion.  All interpretations of Program Terms and Conditions shall be at the sole discretion of Virburbia.  In the event that an error is made by Virburbia, your sole remedy shall be the credit of the disputed reward to your Virburbia account.

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MISCELLANEOUS

30.  This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without reference to conflicts of law rules. As a condition of the use of the Virburbia website and service, you (the Citizen) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Washington, Tennessee and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Washington. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Virburbia' failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right.  Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between Virburbia and the Affiliated Merchants or between Virburbia and any other of its Corporate Partners.  Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on Virburbia' behalf.  This Agreement constitutes the entire agreement between you and Virburbia with respect to the Program.