Terms and Conditions
This website and/or its mobile applications ("Website") is owned and operated by The Village Registry, Inc. (hereafter, "The Village Registry"), with participation by various vendors offering goods and services via the Website. These terms of use ("Terms of Use"), located at http://www.thevillageregistry.com/terms-conditions, apply to your use of this Website and any account you may establish on the Website. Your use of the Website is conditioned upon your acceptance of these Terms of Use. Your continued use of this Website constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Website. We may update these Terms of Use from time to time in our sole discretion and post an updated version of the notice at the URL provided above.
These terms apply to all visitors and users of our website, including parents, guests, business owners, and vendors, but some provisions apply to each party differently.
NOTICE OF CLASS ACTION WAIVER: PLEASE NOTE THAT THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION PROVISION, A RELEASE, AND A CLASS ACTION WAIVER. ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE OR ARISING OUT OF YOUR ACCESS TO OR USE OF THIS WEBSITE MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE THE SECTION TITLED "DISPUTE RESOLUTION / CLASS ACTION WAIVER" BELOW.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE OUR WEBSITE IN ANY WAY. THE USE OF OUR WEBSITE IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS OF USE.
YOUR INFORMATION AND WEBSITE CONTENT
You represent that all of the information, data and other materials you post, upload, share, store, or otherwise provide through this Website or to The Village Registry through any other means ("User Submissions") are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided, as appropriate. Some features that may be available on this Website require registration. By registering, you agree to provide true, accurate, current and complete information about yourself or your business.
The materials displayed or performed or available on or through the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, videos, User Submissions, downloads, interfaces, code and software, as well as the selection and arrangement thereof) ("Content") is the exclusive property of its owner (The Village Registry and/or its licensors and/or partners) and is protected by copyright, trademark and other applicable laws. Without The Village Registry’s or the owner/rights holder’s prior written consent you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content in any way for any purpose, including using Content on any other website. However, you may print pages from this Website for personal, non-commercial use, provided that you include a copyright notice on each page.
PRIVACY POLICY.
Your use of the Website is further conditioned upon your acceptance of our privacy policy ("Privacy Policy"). Your continued use of this Website constitutes your agreement to the Privacy Policy. A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this Website is located at https://www.TheVillageRegistry.com/privacy. You consent to any personal information we obtain about you (either via this Website, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of our Privacy Policy. We may update the Privacy Policy from time to time in our sole discretion and post an updated version of the notice at the URL provided above. The Privacy Policy is governed by, and hereby incorporated herein by reference into, these Terms of Use.
USE OF WEBSITE.
Subject to your compliance with this Terms of Use, The Village Registry grants to you a limited license to access and use this Website as described herein. The Village Registry or its licensors or content providers retain full and complete title to the Content available on the Website, including all associated intellectual property rights, and provide this Content to you under a license that is revocable at any time in The Village Registry’s sole discretion. You are solely responsible for compliance with any and all applicable laws, rules, regulations and local ordinances, including without limitation, necessary permits (collectively, "Regulations") that may apply to your use of the Content or the Website, and The Village Registry strictly prohibits any use of the Content or the Website that is non-compliant or in violation of such Regulations and/or these Terms of Use, including but not limited to: (i) any downloading, copying or other use of the Content (unless you own or have the necessary rights to the Content) or the Website for purposes competitive to The Village Registry or for the benefit of another vendor or any third party (except as expressly permitted by the Website); (ii) any caching, unauthorized linking to the Website or the framing of any Content available on the Website; (iii) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation
of derivative works from, any Content, products or services obtained from the Website that you do not have a right to make available (such as the intellectual property of another party); (iv) any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or device; (v) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Website (including, but not limited to the use of any "scraping" or other data mining techniques, robots or similar data gathering and extraction tools); or (vi) any action that imposes or may impose (in The Village Registry’s sole discretion) an unreasonable or disproportionately large load on The Village Registry’s infrastructure, or damage or interfere with the proper working of our infrastructure. The Village Registry uses Google Maps Geocoding API. By using the Website, you agree to be bound by Google’s Terms of Service located at: https://www.google.com/intl/en/policies/terms/
You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. You may not bypass any measures that have been implemented to prevent or restrict access to this Website. Any unauthorized access to the Website by you (including any
such access or use that involves in any way an account you may establish on the Website or any device you may use to access the Website) shall terminate the permission or license granted to you by The Village Registry. The Village Registry reserves the right to refuse or cancel any registration for this Website, remove any person from the Website and prohibit any person from using the Website for any reason whatsoever, and to limit or terminate your access to or use of the Website at any time without notice. The Village Registry neither warrants nor represents that your use of the Content available on this Website will not infringe rights of third parties not affiliated with The Village Registry. Termination of your access or use will not waive or affect any other right or relief to which The Village Registry may be entitled, at law or in equity.
REGISTRATION ON THE WEBSITE.
Registration requires you to (1) indicate agreement to these Terms of Use, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the registration process, in The Village Registry’s sole discretion. You agree to accept responsibility for all activities that occur under your account and with your unique code. You are responsible for maintaining the confidentiality of your account and unique code, and for restricting access to your account. You will notify The Village Registry immediately of any unauthorized use of your The Village Registry account or the Website known to you, whether by you or a third party. You may cancel your The Village Registry account at any time by contacting The Village Registry customer support. The Village Registry may terminate your account and refuse any and all current or future use of the Website or other services, or any portion thereof, (i) in order to comply with applicable Regulations, (ii) if you provide any information that The Village Registry determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (iii) if The Village Registry determines, in its sole discretion, that you are using your The Village Registry account in a manner not permitted by these Terms of Use, or (iv) in other circumstances, as The Village Registry deems appropriate in its sole discretion.
GIFTING AND RECEIVING ITEMS.
If you gift a registry item at The Village Registry for a registered parent/caregiver, you are pledging to either perform the service (i.e., babysitting or spending quality time), donate funds for the item (i.e., donating money through a payment app), or visit a third party site to purchase a gift card (i.e., Uber Eats or GrubHub). You are assuming responsibility for the cost of the item selected plus any applicable taxes, handling and shipping charges. The gift recipient uses that value through direct experience, or through a third-party as gift. If you are the recipient of a gift as mentioned above, it is your responsibility to communicate with the gifter/guest, in fulfilling the item (service, payment app, etc.) The Village Registry does not verify completion of pledged services or gifts.
The Village Registry does not sell, offer to sell or solicit sales of alcohol. The Website enables you to search for and pledge to purchase gift cards, credits or subscriptions that may be redeemed towards the purchase of alcohol or other products available for sale by licensed alcohol retailers or other marketplaces via the Website. You must be at least 21 years of age to make any such purchases through the Website. Please refer to the applicable sale page or product detail page on the Website for more information on applicable terms and conditions related to the purchase of such gift cards, credits or subscriptions, including any state restrictions on purchase or shipping. Taxes collected are collected on behalf of the seller of record.
YOUR SUBMISSIONS.
Any creative or original materials or any other creative suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans or other information that any user, whether individual or entity (including Vendors), submitted to us by electronic mail or otherwise, will be treated in accordance with these Terms of Use and our Privacy Policy.
For All Other Users, Including But Not Limited to Parents/Caregivers:
As a user, you are responsible for your own User Submissions and are responsible for the consequences of your posting such User Submissions. You acknowledge that you are responsible for any User Submissions you may submit through the Website, including the legality, reliability, appropriateness, originality and copyright of any such User Submissions. You may not upload to, distribute or otherwise publish through this Website any User Submission that: (i) is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) is obscene, sexually explicit, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (iii) is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws; (iv) may contain software viruses or malware; (v) is an advertisement, solicitation, promotional material, "junk mail," "spam," chain letters, pyramid schemes or any form of commercial content; (vi) impersonates another person or misrepresents your affiliation with any person or organization; (vii) contains personal information (such as phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information; (viii) contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; or (ix) contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Website to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Website to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases. Furthermore, you will not access the Website to obtain a list of users of the Website or access or use any secure or non-public areas of the Website without authorization or frame or link to the Website. The Village Registry does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any Content. You acknowledge that any reliance on material posted by other users will be at your own risk. The Village Registry does not screen communications in advance and is not responsible for screening or monitoring material posted by users. The Village Registry reserves the right to remove Content, expel users and prevent their further access to the Website for violating these Terms of Use or the applicable Regulations.
THE REGISTRY.
Using the Listing tab, you can add items to your registry, which can be viewed by anyone in possession of your Unique Code. The Listing feature also allows you to track which items have been chosen or “claimed” by each of the members of your village.
Using the Listing feature, you can create a personalized checklist of items/services that would be helpful to you during postpartum. Sample descriptions have been prepared by The Village Registry and are listed under each item.
The Village Registry’s unique code feature allow you to share the contents of your registry with anyone you choose.
PROFILE SUBMISSIONS.
The Village Registry allows users and Guests to post a photograph of themselves on their Profile tab. All User Submissions must comply with these Terms of Use, including without limitation the "Your Submissions" representations and grant of perpetual licenses to all User Submissions.
REVIEWS.
The Village Registry may permit users to submit reviews of the app to The Village Registry or post reviews of the app or other areas of the website ("The Village Registry Reviews"). App Reviews consist of opinions and information left by users and Guests about their experience using the app. Reviews may include initial reviews from a user and responses from the app staff. As our website is a neutral venue, we cannot, do not, and will not make any comments on behalf of any user. We do not make judgments on the veracity of opinions or statements. We may, but are not required to, take certain steps to ensure the review is accurate, including proof that a user conducted business (or attempted to conduct business) within the app. In order to protect the integrity of the reviews, we will only consider removing a review: (i) that contains profane, vulgar, discriminatory or adult material: (ii) for which we are provided with a binding ruling or settlement agreement from a valid and certified dispute resolution service, or are provided with a court order finding that the review is slanderous, libelous, defamatory or otherwise illegal or the court order requires removal; (iii) that makes any reference to actions taken or purported to be taken by The Village Registry or any law enforcement organization; (iv) that violates these Terms of Use; (v) from a user that cannot be verified; or (vi) if required by applicable Regulation. Vendors may contact us to initiate a dispute over an app review.
THE VILLAGE REGISTRY THIRD-PARTY AFFILIATIONS.
If you have registered an account at The Village Registry.com you may have added gift cards or requests for services from third-party websites. Use of The Village Registry for commercial purposes is strictly prohibited.
With The Village Registry, we help users to connect with services and providers to plan and prepare for the postpartum period; however, we are not a supplier of said services and providers, and we do not provide such services ourselves. If you register for therapy, massage services, laundry services, cleaning services, gift cards, or doula services etc. through The Village Registry, you will be purchasing those services through a third-party website or directly from the third-party supplier.
NON-DISCRIMINATION POLICY.
The Village Registry prohibits discrimination by Users or Guests against individuals, families, couples, guests, users, or any other party ("Protected Class") on the basis of race, ethnicity, color, religion, sex, national origin, ancestry, physical characteristic, disability, marital status, family status or composition, pregnancy status, sexual orientation, gender identity, gender expression, political affiliation, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law ("Protected Characteristic"). Such discrimination includes, but is not limited to, doing any of the following: refusing to provide goods or services to, or accept goods or services from, a member of any Protected Class on the basis of a Protected Characteristic; submitting discriminatory content on the Website; imposing any different terms or conditions upon a member of any Protected Class on the basis of a Protected Characteristic; or any other conduct that improperly takes into account any Protected Characteristic. The Village Registry will take steps, in its sole discretion, to enforce this policy, up to and including the suspension or removal from the Website of anyone who violates this policy. In addition, Users or Guests who, in The Village Registry’s belief, demonstrate a pattern of refusing to provide goods or services to couples who are members of a protected class (even while articulating legitimate reasons) undermine the strength of our community and may be suspended or removed in The Village Registry’s sole discretion. If you experience discrimination from any User or Guest, The Village Registry employee, licensor, visitor, or user of the Website, please contact The Village Registry Customer Support with the subject "Non-Discrimination Policy", so we can investigate and take appropriate measures.
DISCLAIMER.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, OR REQUIRED BY APPLICABLE LAW, THE VILLAGE REGISTRY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY INFORMATION, DATA, OR DATA PROCESSING SERVICES RELATING TO YOUR USE OF THIS SITE,
INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE VILLAGE REGISTRY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OF SERVICES ON THE WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE VILLAGE REGISTRY.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE VILLAGE REGISTRY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
THE SUPPLIERS AND PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE VILLAGE REGISTRY. THE VILLAGE REGISTRY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIER OR PROVIDER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE PRODUCTS OR SERVICES THEY PROVIDE. THE VILLAGE REGISTRY HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS.
THE VILLAGE REGISTRY AND ITS RESPECTIVE PARTNERS AND SUPPLIERS MAKE NO GUARANTEE ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE VILLAGE REGISTRY AND ITS RESPECTIVE PARTNERS AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE WEBSITE AT ANY TIME.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND/OR FOR USE OF YOUR THE VILLAGE REGISTRY ACCOUNT, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE, AND/OR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER THE VILLAGE REGISTRY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS WEBSITE, OR ANY OTHER WEBSITE OR RESOURCE YOU ACCESS THROUGH A LINK MADE AVAILABLE TO YOU THROUGH YOUR USE OF THIS WEBSITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR THE VILLAGE REGISTRY ACCOUNT OR ANY TERMINATION OR CANCELLATION OF YOUR ACCOUNT; (4) ANY DELAY OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE WEBSITE; (6) ANY USE OF THE WEBSITE; OR (7) ANY TRAVEL SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE VILLAGE REGISTRY, ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED WEBSITE OR RESOURCE. THIS
DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE VILLAGE REGISTRY NOR ITS LICENSORS, SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE VILLAGE REGISTRY IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND THE VILLAGE REGISTRY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. THE VILLAGE REGISTRY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE US$100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
RELEASE IF THERE IS A DISPUTE BETWEEN USERS OF THE WEBSITE, OR BETWEEN USERS AND ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY SUPPLIER, YOU AGREE THAT THE VILLAGE REGISTRY IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY SUPPLIER, YOU RELEASE THE VILLAGE REGISTRY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR OUR WEBSITE AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY REVIEWS POSTED ABOUT YOU OR YOUR BUSINESS OR ANY TRAVEL SERVICES). IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
LINKS
The Village Registry has not reviewed all of the websites linked to or otherwise made available through this Website and is not responsible for the availability, content or accuracy of any pages or other sites linked to or otherwise made available through via this Website. The inclusion of any link to such sites does not imply endorsement by The Village Registry of these websites. Your linking to any other pages or websites is at your own risk. You agree that The Village Registry will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or websites. We encourage you to read the terms and privacy statements of all such websites, as their policies may be materially different from ours.
COMMUNICATION.
When you use the Website or send emails to The Village Registry, you are communicating with The Village Registry electronically. You consent to receive electronically any communications related to your use of this Website. The Village Registry will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from The Village Registry intended for receipt shall be deemed delivered and effective when sent to the email address you provide on the Website.
TERMINATION.
You agree that The Village Registry may terminate your use of this Website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, violated the rights of The Village Registry or any third party, or for any reason with or without notice to you. You agree that The Village Registry may modify or discontinue this Website, with or without notice to you. You agree that The Village Registry will not be liable to you or any third party as a result of such modification or discontinuation. Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use. All licenses granted to The Village Registry will survive termination of the granting user’s account or permission to access the Website.
INDEMNIFICATION.
You agree to defend, indemnify and hold harmless The Village Registry, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) ("Claims") asserted by a third party against The Village Registry that
arise from: (i) your improper use of or access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party’s right or any law, regulation, rule or guideline, including without limitation any copyright, trademark, trade secret or other property, or privacy right; (iv) any claim that your Content caused damage to a third party; (v) your Travel Services; or (vi) your negligence or willful misconduct. This defense and indemnification obligation will survive termination, modification or expiration of these Terms of Use and your use of the Website. This obligation to indemnify The Village Registry does not include and Claims asserted by a third party that arise from any negligent, grossly negligent, reckless, willful, fraudulent, or intentional conduct committed by The Village Registry.
TRADEMARKS.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Website are registered and unregistered trademarks of The Village Registry and others. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of The Village Registry or such third party that may own the Trademarks displayed on this Website. Your misuse of the Trademarks displayed on this Website, or any other Content on this Website, except as provided herein, is strictly prohibited.
COPYRIGHT.
All Content included on this Website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of The Village Registry or its Content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this Website is the exclusive property of The Village Registry and protected by U.S. and international copyright laws. All software used on this website is the property of The Village Registry or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this Website is strictly prohibited.
NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENTS.
The Village Registry respects the intellectual property rights of others. Accordingly, if you are a copyright owner or an authorized agent thereof and believe that any user Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit The Village Registry to locate the material; (iv) information reasonably sufficient to permit The Village Registry to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Village Registry’s designated Copyright Agent to receive notifications of claimed infringement is info@thevillagereigstry.com or The Village Registry, LLC., 2100 Ashley Oaks Circle, Wesley Chapel, FL 33543. Attention: DMCA Complaint. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please provide The Village Registry with a separate notice each time you wish to report alleged acts of infringement.
PASSWORD.
You may receive a password in connection with your use of this Website. You will be responsible to maintain the confidentiality of your password and account and will be solely responsible for all activities that occur under your password and account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, please notify The Village Registry immediately. The Village Registry may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Website, have been made by you unless we receive notice indicating otherwise.
FORCE MAJEURE.
The Village Registry shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (i) weather conditions or other elements of nature or acts of God, (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (iii) quarantines or embargoes, (iv) labor strikes, or (v) other causes beyond the reasonable control of The Village Registry. In the event that The Village Registry is temporarily unable to ship to you a purchased item because of such an event, The Village Registry will give you the option of deferring shipment or receiving a refund of your charges.
DISPUTE RESOLUTION / CLASS ACTION WAIVER.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE VILLAGE REGISTRY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and The Village Registry agree that The Village Registry intends that this Section satisfies the "writing" requirement of the Federal Arbitration Act.
To the fullest extent permitted by applicable law, you and The Village Registry agree that any controversy, allegation, or claim arising out of or relating to these Terms of Use or the Website, including but not limited to claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a "Dispute") –excluding Disputes in which you or The Village Registry seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property – shall be finally and exclusively resolved individually by final and binding arbitration before a sole arbitrator under the Consumer Arbitration Rules of the American Arbitration Association, as amended and in effect at the time arbitration is initiated (the "AAA Rules"). The AAA Rules are available online at www.adr.org, or by calling (800) 778-7879, and are hereby incorporated by reference.
You and The Village Registry further agree to the following with respect to the arbitration of any Dispute hereunder: (a) any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (b) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding and may not award class-wide relief; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (e) each party will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules, but we reserve the right, in our sole discretion, to assume responsibility for any or all of the fees and costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
GENERAL PROVISIONS.
These Terms of Use constitute the entire agreement and understanding between you and The Village Registry with respect to your use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. You may be subject to additional terms and conditions that are applicable to certain parts of the Website. If any portion of these Terms of Use are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflicts of law provisions. The failure of The Village Registry to act with respect to a breach of these Terms of Use by you or others does not waive The Village Registry’s right to act with respect to subsequent or similar breaches. The Village Registry does not guarantee that it will take action against all breaches of these Terms of Use. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. You may not assign these Terms of Use by operation of law or otherwise without the prior written consent of The Village Registry, which may be withheld at The Village Registry’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. The Village Registry may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.
CONTACT INFORMATION.
If you have any questions or comments about these Terms of Use, please contact us by email info@thevillageregistry.com. You may also write us at:
The Village Registry Terms of Use, c/o The Village Registry, LLC., 2100 Ashley Oaks Circle, Wesley Chapel, Florida 33543