Terms and Conditions

TERMS OF USE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.

By using this Website in any manner, you acknowledge that you have read, understood and agree to be bound by these Terms of Use.  If you do not agree, you should not use this site.  We may change or revise this information at any time without notice, so please review these Terms of Use each time you visit the Website.

Introduction and Agreement.

The Village Company, LLC and its affiliates (collectively, “TVC,” “we,” “us,” “Company” or similar terms) provide this website and all related information and content (collectively, the “Website”) subject to and conditioned upon your compliance with the terms and conditions set forth in these Terms of Use (“Terms of Use”). Your agreement with these Terms of Use is in consideration of the mutual promises contained herein, your opportunity to view the Website, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge. These Terms of Use constitute a legal agreement between TVC and “you,” meaning both (i) you in your individual capacity as well as (ii) any company or other legal entity on whose behalf, or for whose benefit, you are accessing this Website. You represent and warrant that you are at least 18 years of age.

TVC reserves the right at any time to:

  • Change the terms and conditions of these Terms of Use.
  • Change or discontinue the Website, including eliminating or discontinuing any content on or feature of the Website.
  • Change any prices or fees appearing on or associated with the Website or for any products or services offered for sale or otherwise available on the Website including catalogs provided through the Website.
  • Refuse or cancel any order, at our sole discretion, for any reason.
  • Terminate or restrict any account or user for any reason, at our sole discretion.

Any changes we make will be effective immediately upon notice, which we may provide by posting on this Website, a different TVC website, or via electronic mail. Your use of the Website after such notice will be deemed acceptance of such changes. You should review these Terms of Use periodically to ensure familiarity with the most current version. You acknowledge that you, and any person or entity that may have rights or duties through you, are bound by these Terms of Use. Upon our request you agree to sign a non-electronic (printed hard-copy) version of these Terms of Use.

BY USING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Making Purchases.

Certain products, services, or other items may be advertised or offered for sale on or in conjunction with the Website. If you purchase an item, you may be asked by TVC or an applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide TVC or such third party with information that pertains to you, is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. TVC is not responsible for any errors in shipping information provided by you or for a non-secure ship-to location. You are responsible for all activity by and charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes. Any pricing of items is subject to change without notice, and any order is not deemed accepted by us and binding upon us unless and until we ship or deliver the product to you. We may correct at any time, including after shipment, pricing or similar errors, including but not limited to typos or outdated pricing.

We reserve the right, without prior notification, to change the descriptions, images or listings of, or links or references to, products and/or services on the Website (collectively, “Product Offerings”), or to limit the order quantity on any product or service and/or to refuse service to you for any reason.

Discussion Boards, Chats and Other Forums.

TVC may host discussion boards, chats and other forums on the Website. If you participate in any such online community you agree: (a) You will not post, transmit, or link to any material, web sites or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech. (b) You may only post, upload or transmit materials (including photos) for which you have the copyright or other permission to distribute electronically citing the original source. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You agree that any materials you post or upload will be owned by you or be in the public domain. (c) You may not intentionally post, create, upload or transmit any software or other material which contains a virus or other harmful code or device. (d) You may not solicit other users, or distribute advertising, for products or services through the Website, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the Website. (e) If you choose to post items in public or “chat” portions of the Website, such material, information, photographs and other information you post in these public or group areas is available to the other individuals using the Website and TVC does not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information for any purpose whatsoever. Always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information. (f) You will not post any material that violates any law or regulation. (g) You will not impersonate any other person or use a false identity (the name of some other person) for any reason. (i) Your postings will truthfully reflect your own experiences.

TVC may terminate or restrict your access to any online community, including access through the Website, for any reason.

Monitoring.

We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the Website or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Website, discussion boards, the chats and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect ourselves, our sponsors, and our other clients and visitors; and to comply with legal obligations or governmental requests.

Registering or Creating an Account.

This Website may permit you to “register,” “create an account,” or take similar actions. When and if you take such actions, you agree to: (a) provide true, accurate, complete, and current information (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate these terms of use and your use of the Website if applicable, and TVC is not responsible for the consequences of a breach of this section (for example, if an item is shipped to an outdated address).

As part of the registration process, you may be asked to select a username and password. We may refuse to grant you a username, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your username and password, and you agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at info@thevillagecompany.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AND FOR ANY AND ALL ACTIVITIES, WHETHER BY YOU OR ANYONE ELSE (INCLUDING WITHOUT LIMITATION PURCHASES), THAT ARE CONDUCTED THROUGH YOUR USERNAME AND PASSWORD.

Jurisdictional Issues.

TVC makes no representation that materials on the Website are appropriate or available for use in all locations throughout the world. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Website and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

Disclaimer Regarding Links.

The Website may provide links to various other websites or Internet resources, including links to PayPal or other payment processing services to facilitate the purchase of products through the Website (“Linked Sites”). TVC neither controls nor endorses such Linked Sites, nor have we reviewed or approved any content that appears on such Linked Sites. You acknowledge and agree that TVC is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services or other materials on or available from any Linked Sites. You further acknowledge and agree that TVC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods and services available on or through any Linked Sites. We encourage you to read the terms of use and privacy policies on such third party websites before transacting any business or interacting with those websites in any manner.

Termination.

These Terms of Use shall remain effective until terminated in accordance with their own terms. You agree that TVC in its sole discretion may terminate your password, account (or any part thereof), or use of the Website, and remove and discard any content within the Website, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. All sections of these Terms of Use which, by their nature are designed to survive expiration or termination of this agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.

Indemnification.

You agree to indemnify, defend, and hold TVC and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from (a) your breach of these Terms of Use, (b) any allegation that any materials that you submit to TVC, or any other submission via the Website or any TVC website, infringe or otherwise violate any third party rights; or (c) your activities in connection with the Website.

Proprietary Rights.

You acknowledge and agree that the Website contains proprietary information that is protected by applicable intellectual property and other laws, specifically including but not limited to copyright, trademark, patent law, and that such items are the sole property of TVC or TVC’s licensors (collectively, “TVC Property”).

By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Materials”), by posting such Materials to any area of the Website you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. The foregoing license to TVC shall be fully paid-up and royalty free. In no event, however, shall TVC have any obligation to pay a fee to you in connection with any transfer of TVC’s business, including without limitation any merger or sale or transfer of all or substantially all of the assets of TVC, nor shall the sale of advertising on any TVC website, including the Website, give rise to any obligation to pay a fee to you.

None of the Materials disclosed in discussion boards or chats shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

License and Restrictions on Use.

You may not copy, republish, upload, post, display, transmit, or frame any of the TVC Property without prior written consent from TVC. TVC grants you a limited, nonexclusive, revocable, non-transferable, license to link to, view, download, use, display and print up to five (5) copies of the materials found on the Website only for personal, noncommercial and informational purposes, or for the commercial purpose of making a purchase from TVC, unless otherwise indicated, as long as: (a) you do not alter or modify the materials in any way; (b) you include all applicable copyright, trademark and other notices and disclaimers; and (c) you do not use the materials in a way that suggests an employee, agency, or “authorized” or “approved by” association with TVC or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © [current year] The Village Company, LLC.”

You further agree: (d) not to distribute or use TVC Property, including text or graphics, to others except as permitted by the above license without our express prior written consent; (e) not to distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell, or other use TVC Property without our express prior written permission; (f) not to use the Website including the TVC Property in any way not explicitly permitted by this Agreement; (g) not to take any action intended to interfere with the operation of this Website; (h) not to access or attempt to access any portion of this Website or any related website to which you have not been explicitly granted access; (i) not to directly or indirectly authorize anyone else to take actions prohibited in this section; and (j) to comply with all applicable laws and regulations while using this Website.

Any other use of the Website or the information contained herein is strictly prohibited. If you breach any of these Terms of Use your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using the Website, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control. All rights not expressly granted are reserved to TVC and its licensors.

TVC Privacy Policy for Website.

You consent and agree that TVC may use and share information regarding you as described in TVC’s Website Privacy Policy.

Copyright Policy and Allegations of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by TVC and appearing on the Internet, such as on this Website, infringe your copyright rights, you or your agent may send TVC written notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon TVC actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send TVC a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

If you believe that any other person using this Website has violated any terms in this Agreement, please notify us immediately, specifically identifying the conduct or materials at issue. You may contact us by emailing us at info@thevillagecompany.com.

DISCLAIMER OF WARRANTIES.

THE WEBSITE, ANY CONTENT, ALL TOOLS, PRODUCTS OR SERVICES DISPLAYED ON, OR ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND (EXCEPT FOR ANY WARRANTY AS SPECIFICALLY DESCRIBED IN LITERATURE ACCOMPANYING A PARTICULAR PURCHASED ITEM), EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TVC AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE AND ACCESS TO AND USE OF ANY LINKED WEBSITES AND ALL TOOLS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SOFTWARE, THE WEBSITE , ANY LINKED WEBSITES OR THE SERVER(S) ON WHICH THE WEBSITE AND ANY LINKED WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE WEBSITE AND ANY LINKED WEBSITES ARE ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY.

NEITHER TVC, ITS EMPLOYEES OR AGENTS, NOR ANY THIRD PARTY VENDORS OR COLLABORATORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LOST PROFITS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF OR INABILITY TO USE THE WEBSITE, LINKED WEBSITE, OR ANY WEB SERVICE INCLUDING TOOLS; (II) ANY CONTENT CONTAINED ON THE WEBSITE OR LINKED WEBSITE; (III) STATEMENTS OR CONDUCT ON THE WEBSITE OR ANY LINKED WEBSITE; (IV) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY LINKED WEBSITE OR OTHER CONTENT OR, (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE. TO THE EXTENT ANY LIMITATION OR EXCLUSION IS FOUND TO BE INVALID OR UNENFORCEABLE, TVC’S LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO TVC FOR THE GOODS OR SERVICES PROVIDED BY TVC. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.

General.

The Terms of Use constitute the entire agreement between you and TVC relating to the Website and associated content, and supersedes any prior agreements between you and TVC. The Terms of Use and the relationship between you and TVC shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflict of law provisions. You and TVC agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Hennepin in the State of Minnesota and any jurisdictional, venue, or inconvenient forum objections to such courts. You agree that you will pursue any claim arising under or related to these terms of use and the Website only in your individual capacity, and not as part of any class action or collective action. You agree that you must pursue any claim you may have arising under or relating to the Website and associated content within twelve (12) months of the first discovery of such claim and any claim not brought within such period is waived and forfeit. The failure of TVC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any term or provision of these Terms of Use shall be found or is held by any court or applicable body to be invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect. Upon determination that any term or provision is invalid, illegal, or incapable of being enforced, the court, arbitrator, or other applicable body making such a determination shall modify the applicable term or provision to the minimum extent necessary so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent possible. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use are not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach of default.

While we take reasonable measures to protect the confidentiality of your information, no one can give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information. By submitting information to TVC, you agree that you are aware of these risks. If you do not wish to submit your information electronically, please do not do so, however in such case you may not be able to make use of the full functionality of the Website. You agree that TVC is not responsible for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.

Legal Compliance.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Terms of Agreement.

You agree to comply with applicable third party terms of agreement when using the Website., e.g., you must not be in violation of your Internet service provider or applicable telecommunications agreement when using the Website.

Contact Us.

You can contact TVC as follows:
info@thevillagecompany.com
1-800-699-6852
These Terms of Use were last updated on October 8, 2014.