DEANNERAE VIRTUAL SERVICES
Terms of Use
Last Modified October 2023
By accessing or using the Services of DeAnne Rae Virtual Services HEREIN referred to as “DeAnne Rae V.A. Services” and "DeAnne Rae Virtual Assistant Services" or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), whether or not you are a registered user of our Service. Users of our Service must also agree to our Acceptable Use Policy. DeAnne Rae Virtual Services reserves the right to modify these terms from time to time. We will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. This Agreement applies to all visitors, others and users who access our Services.
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1. Our Services
DeAnne Rae Virtual Services may employ the use of freelancers and subcontractors to fulfil requests to perform various services.
By using our services, you agree that your agreement is a contract between you and DeAnne Rae Virtual Services. You must read and agree to these terms before using our services. If you do not agree, you may choose not to use our services. Any use or access to our services by anyone under 16 is strictly prohibited and in violation of this Agreement. In some instances, we may require you to provide proof of identity to create your account or to access or use our services. You acknowledge and agree that you may be denied access or use of our services if you refuse to provide such proof.
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1.1 Use of our Services
Subject to the terms and conditions of this Agreement, you are granted a non-exclusive, non-transferable, freely revocable access to use our services once purchased. We reserve all rights not expressly granted herein to terminate the use of our service and end our business relationship at any time for any reason or no reason.
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We may, without prior notice, change our Service offerings; stop providing a service or features of a service, to you or to other Users generally. We may permanently or temporarily terminate or suspend your access to use our Services if in our sole determination, you violate any provision of this Agreement. Upon termination for any reason, you continue to be bound by this Agreement.
1.2 User Accounts
Your (“User Account”) in our client portal gives you access to update your information and view your order history. We reserve the right to have and maintain multiple User Account for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting us with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You have the right to cancel or terminate your services with us at any time by giving us 7 days' written notice by email to deannerae.services@gmail.com
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You should never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. Your failure to maintain accurate, complete, and up-to-date account information may result in your inability to access and use our Services or your termination of this Agreement. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify us immediately of any breach of security or unauthorized use of your User Account. DeAnne Rae Virtual Services will not be liable for any losses caused by any unauthorized use of your User Account.
1.3 Privacy
We respect your privacy and permit you to control the use of your personal information. By providing us with your email address and using our services, you consent to us using the email address to send you Service-related notices, including any notices required by law. We may also use your email address to send you other messages, such as changes to our Services and special offers. If you do not want to receive such email messages, you may opt-out by emailing us at deannerae.services@gmail.com. Opting out may prevent you from receiving email messages regarding service updates, or special offers.
1.4 Security
DeAnne Rae Virtual Services cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
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1.5 Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or misusing any part of our website, including without limitation (ii) using any automated system, such as “robots,” “spiders,” “offline readers,” etc., to access our services in a manner that sends more request messages to us than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except in cases where we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from our website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email, SMS, or other messages; (iv) uploading invalid data, viruses, worms, or other software agents through our website; (v) collecting or harvesting any personal identifiable information or other personal information from our website; (vi) using our services for any commercial solicitation purposes; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) accessing any content on our website through any technology or means other than those provided or authorized by DeAnne Rae Virtual Services; or (ix) bypassing the measures we may use to prevent or restrict access to our website.
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1.6 Changes to Our Services
We may, without prior notice, change our service offerings; stop providing a service or features of a service, to you or to Users generally. We may permanently or temporarily terminate or suspend your access to our services without notice and liability for any reason, including if in our sole determination, you violate any provision of this Agreement, or for no reason.
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1.7 Solicitation of Sub Contractors
You agree that you will not, directly or indirectly, for yourself or on behalf of another person or entity, without the express prior written consent of DeAnne Rae Virtual Services, solicit or otherwise induce influence, or encourage our staff and subcontractors to terminate their relationship with DeAnne Rae Virtual Services, or employ or engage as an independent contractor any staff member; provided, however, that DeAnne Rae Virtual Services shall consent to such solicitation upon payment to DeAnne Rae Virtual Services by you for a fee of no less than Three Thousand Five Hundred Canadian Dollars ($3,500.00) or US equivalent per assistant, to be paid to DeAnne Rae Virtual Services within ten (10) days of the earlier of (i) notice to DeAnne Rae Virtual Services of such desire to solicit an Assistant or (ii) the actual hiring or engagement of such Assistant by you.
2 Our Proprietary Rights
All materials contained therein including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (“DeAnne Rae Virtual Services Content”), and all intellectual property rights related thereto, are the exclusive property of DeAnne Rae Virtual Services and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any DeAnne Rae Virtual Services Content. Use of DeAnne Rae Virtual Services content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about our Services, including without limitation about how to improve our Services. By submitting your comments, you agree that your feedback is voluntary and without restriction and will not place DeAnne Rae Virtual Services under any fiduciary or other obligation and that we are free to use your feedback without any compensation to you. You further acknowledge that, by acceptance of your submission, DeAnne Rae Virtual Services does not waive any rights to use similar or related ideas previously known to DeAnne Rae Virtual Services, or developed by its employees, or obtained from sources other than you.
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3 Payment
3.1 Billing Policy
You understand and agree that the use of our Services is prepaid only. In some instances, we may at our discretion agree to be paid per milestone completed as an addition to the prepaid Service. By using our Services, you agree to our Pricing and Payment Terms, as we may update them from time to time. DeAnne Rae Virtual Services may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time at our sole discretion.
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3.2 Refunds
You may cancel or terminate your Services by giving us 7 days' written notice by email at deannerae.services@gmail.com, prior to the start of the purchased service. You will receive a partial refund of 75% provided that 7 days advance notice is provided. No refunds will be given in any other circumstance.
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3.3 Free Trials
We may offer free trials for some of our Services. We will automatically bill your payment method on the day your free trial ends or the day you start your paid Service, and on each recurring billing date thereafter, subject to Section 3.4. You will not receive a notice that your free trial has ended and that payment for your paid Service is due. If you wish to avoid charges to your payment method, you must cancel your paid Service prior to midnight EST on the last day of your free trial period.
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3.4 Automatic Renewal of Service Fees
ONCE YOU SIGN UP FOR OUR SERVICE, THE CORRESPONDING FEES WILL AUTOMATICALLY RENEW ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU NOTIFY US THAT YOU WANT TO CANCEL SUCH PAID SERVICE. ANY NOTICE OF CANCELLATION MUST BE SUBMITTED THROUGH YOUR CLIENT PORTAL OR BY EMAIL TO deannerae.services@gmail.com AND WILL BECOME EFFECTIVE IN THE NEXT BILLING PERIOD FOLLOWING THE BILLING PERIOD YOU PROVIDE US NOTICE. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR PAID SERVICE AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD-PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SERVICE FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
3.5 Payment Information Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction using our services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction with us at the prices in effect when such charges were incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transactions.
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4 No Professional Advice
Any information provided on our website is for informational purposes only and should not be construed as professional advice. No action should be taken based on any information contained on our website. You should seek independent professional advice from a licensed and/or qualified person in the applicable area.
5 Third-Party Links and Information
Our website may contain links to third-party materials that are not owned or controlled by DeAnne Rae Virtual Services. DeAnne Rae Virtual Services does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from our website or share content on or through any third-party website, you do so at your own risk, and you understand that this Agreement and DeAnne Rae Virtual Services’s Privacy Policy do not apply to our use of such sites. You expressly indemnify DeAnne Rae Virtual Services from any and all liability arising from your use of any third-party website, service, or content, including without limitation content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on our website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that DeAnne Rae Virtual Services shall not be responsible for any losses or damages relating to your interactions with such advertisers.
6 Indemnity
You agree to indemnify and hold harmless DeAnne Rae Virtual Services and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, sub-contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of our services with your unique username, password or other appropriate security code.
7 No Warranty
DEANNE RAE VIRTUAL SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF OUR SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEANNE RAE V.A. SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, DEANNE RAE VIRTUAL SERVICES, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT USE OF OUR SERVICES WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED; THAT ANY ERRORS WILL BE CORRECTED FULLY; THAT ANY REQUESTS WILL BE MET SATISFACTORILY OR AT ALL; OR THAT ANY DOCUMENTS PROVIDED BY DEANNE RAE VIRTUAL SERVICES IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF OUR WEBSITE.
DEANNE RAE VIRTUAL SERVICES DO NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF ANY ASSISTANT, NOR THAT ANY SUCH ASSISTANT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
FURTHER, DEANNE RAE VIRTUAL SERVICES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE. DEANNE RAE VIRTUAL SERVICES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM PROVINCE TO PROVINCE OR FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
8 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEANNE RAE VIRTUAL SERVICES, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICES. UNDER NO CIRCUMSTANCES WILL DEANNE RAE V.A. SERVICES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEANNE RAE VIRTUAL SERVICES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF REQUESTS OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE USE OF WEBSITE; (VI) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VII) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY ASSISTANT. IN NO EVENT SHALL DEANNE RAE V.A. SERVICES, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DEANNE RAE V.A. SERVICES HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DEANNE RAE VIRTUAL SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
WITHOUT LIMITING THE FOREGOING, DEANNE RAE V.A. SERVICES DO NOT WARRANT OR GUARANTEE THAT ASSISTANTS ARE SPECIALISTS WITH ANY SPECIFIC CREDENTIALS.
9 Governing Law and Dispute Resolution
9.1 Governing Law
These Terms shall be construed by and governed by the laws of Canada in the Province of Ontario. You hereby irrevocably consent to the exclusive jurisdiction of the Province of Ontario in all disputes arising out of or related to the use of the site. You agree that the Province of Ontario, Canada is the proper and exclusive jurisdiction for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable.
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9.2 Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS HOW YOU CAN SEEK RELIEF FROM DEANNE RAE VIRTUAL SERVICES. This Section 10.2(the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and DeAnne Rae Virtual Services that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of our Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using our Services; or (d) any other aspect of your relationship or transactions with DeAnne Rae Virtual Services, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.
For any Claim, you agree to first contact us in writing at deannerae.services@gmail.com, and attempt to resolve the dispute with us informally. In the unlikely event that DeAnne Rae Virtual Services has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration before a single arbitrator (the “Arbitrator”). In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. The arbitration will be conducted in Toronto in the Province of Ontario unless you and DeAnne Rae Virtual Services agree otherwise. You may sue in an Ontario small claims court without first engaging in arbitration, but this does not absolve you of your commitment to first engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any small claims court in Ontario. You and DeAnne Rae Virtual Services agree that the Arbitrator, and not any court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defence to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as preventing DeAnne Rae Virtual Services from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
10 General
10.1 Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with DeAnne Rae Virtual Services in connection with using our Services, shall constitute the entire agreement between you and DeAnne Rae Virtual Services. Except as otherwise stated in Section
if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
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10.2 Notification Procedures and Changes to the Agreement
DeAnne Rae Virtual Services may provide notifications, for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by DeAnne Rae Virtual Services at our sole discretion. DeAnne Rae Virtual Services reserves the right to determine the form and means of providing notifications to our Users provided that you may opt out of certain means of notification as described in this Agreement. DeAnne Rae Virtual Services is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. DeAnne Rae Virtual Services may, at its sole discretion, modify or update this Agreement from time to time, so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of our services after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms of this Agreement, you can choose not to continue to use or access our website and services.