Consent to These Terms and Online Agreements
The Sites are made available by Village to you on the express condition that you accept, without modification, and abide by these Terms. Your access and use of the Sites is conditioned upon your continued compliance with these Terms. Please read these Terms carefully, as by entering the Site or by transmitting any information to the Site you acknowledge and agree to all of these Terms. The Site is intended for access and use only by U.S. individuals. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. Village reserves the right to change these Terms any time by without notice or obligation, including without limitation by posting revised terms on the Sites, and such amended terms shall be binding upon you. Your continued use of the Site following the posting of any changes to the Terms will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the Site to review the Terms. If you do not agree with these Terms, do not use the Site.
By accessing this Site or, where prompted clicking “I agree” or “Click to Consent”, you expressly agree to these Terms and you agree to conduct any transaction on the Sites by electronic means and you hereby state that electronic signatures shall have the same force and effect as an original signatures with respect to these Terms and all completed forms transmitted to Village on the Sites.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH VILLAGE. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
No Provision of Medical Services
The Site provides individuals accessing them with general information on parenting and facilitates consultations with wellness advisors who are subscribers to the Village services (the “Advisors”), certain general content (“Content”) displayed on the Site pertaining to parenting and wellness topics. The Site contains certain pages, sections, services, and content that are only available to registered members of the Village services.
THIS SITE PROVIDES GENERAL PARENTING AND WELLNESS INFORMATION. IT SHOULD NOT REPLACE YOUR RELATIONSHIP WITH ANY PRACTITIONER OR SERVICE, AND YOU ACKNOWLEDGE AND UNDERSTAND THAT VILLAGE AND ITS ADVISORS DO NOT PROVIDE PROFESSIONAL MEDICAL OR HEALTH CARE, DIAGNOSIS, OR TREATMENT SERVICES. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY DIAL 911 AND SEEK EMERGENCY ASSISTANCE.
To the extent you interact with an Advisor that you believe is improperly purporting to provide medical information, advice, or care, please contact us immediately at email@example.com.
Important Information About Advisors
The Advisors utilizing or featured on the Site are subscribers to and licensees of the Site and not employees or independent contractor service providers of Village. Any opinions, advice, or information expressed by an Advisor using or featured on the Site are of Advisor alone. They do not reflect the opinions or advice of Village. Village does not recommend or endorse any specific tests, care, providers, products, procedures, medications, supplements, devices, opinions, or other information that may be mentioned on the Site or by an Advisor.
The inclusion of Advisor on the Site or in any directory located on the Site does not imply recommendation or endorsement of such Advisor nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Advisor contained therein.
Such information is provided on an “as-is” basis and Village disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Village shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Site user) in reliance on information about Advisors on the Site. The use of the Site by any entity or individual to verify the credentials of Advisors is prohibited.
As part of the Services, Village assists parents in connecting with Advisors who can provide them education on parenting issues and provides a mechanism whereby Advisors can receive payment for such education services (“Consultation Services”). You acknowledge and understand that any information provided by an Advisor via the Village Sites is for informational purposes only and is not reviewed for correctness, accuracy, truthfulness, completeness or reliability by Village, nor is it endorsed or guaranteed by Village. Information provided by an Advisor is not intended to diagnose, treat, cure or prevent any disease and does not constitute medical information, advice or care, and you acknowledge that Village, Advisors and the Sites do not provide medical information, advice or care. You understand and agree that you assume the sole risk with respect to your receipt of any information or advice from an Advisor, and that Village shall have no responsibility or liability whatsoever for such information.
Intellectual Property Rights
Village is the copyright owner for everything on the Site or has the permission to use the material on the Site. No portion of the Site, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written permission of Village, except as provided herein. The compilation of all content on the Site is the exclusive property of Village and is protected by U.S. and international copyright laws. All software used on the Site is the property of Village or its software suppliers and is protected by U.S. and international copyright laws.
By entering the Site you acknowledge and agree that each name, logo, trademark, or service mark contained on the Site is owned or licensed by Village and may not be used by you without the prior written approval of Village. Village will aggressively enforce its intellectual property rights to the full extent of the law. Information or images of places or people are either the property of Village or used on the Site by Village with permission. Your use of any such materials is prohibited unless specifically permitted by Village. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.
Although Village provides the information accessible on the Site for your authorized use, Village retains all property rights, including, without limitation, property rights under U.S. and international copyright law, to all such information. Without the prior express written permission of Village, you MAY NOT do any of the following: (A) hyperlink to an interior page of the Site; (B) include information from the Site on another site, on a server computer, or in documents; (C) modify or re-use the information from the Site; or (D) transmit any commands, codes or information to the Site, with the exception of those commands necessary to view the Site. Village reserves all other rights.
Village offers certain services or features on the Sites (including without limitation, Advisor directories, communication methods and systems, educational content or other documentation, discount pricing and coupon programs, communication solutions, blog content, testimonials, videos, public forums, and newsletters) (collectively, the "Services"). The following terms under these Terms pertain to your ability to use the Services made available by Village on the Sites:
Account Set Up. Browsing of the Sites pages is currently provided free of charge to authorized users. However, access to the Services and certain features of the Sites will require an account to be first established and activated for you. You may sign up for an account by accessing the Sites and following the direction for setting up an account. When you register for an account, you may be asked to register with a valid email address and create a unique and secure password for your account. By creating an account, you are agreeing that you have read these Terms and agree to abide by its terms. If you answer "I agree" or “Check to Agree” and you are otherwise eligible, your account may be activated. If you answer "I Do No Agree" or do not “Check to Agree” or otherwise do not provided requested information or otherwise are not eligible, your account will not be activated and you will not be permitted to access the Services online. Village reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will receive a notification email immediately after you register and you must confirm your email address and acceptance of these Terms by clicking on the confirmation link in the notification email. Once you have confirmed, you will be permitted to log in, view, load, and otherwise use the Services and the specific features of each Village service for which you are registered. By making such confirmation, you acknowledge that you have read these Terms, understand your rights and obligations, and agree to be bound by these Terms. You acknowledge that certain Services will be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those Services.
Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password and for restricting access to your computer. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify Village if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by Village.
Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Availability of Service. Village reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion). You agree that Village shall have no responsibility or liability for the deletion or failure to deliver or store any information, content or email provided by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Village. You acknowledge that Village reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Village shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
Indemnification. You agree to indemnify and hold harmless Village, its officers, directors, affiliates and agents, as well as Village’s licensors and other third parties with which Village contracts, from and against any and all claims, demands, actions, costs or expenses or both, including reasonable attorney’s fees, incurred by or against such persons or entities arising out of or resulting from your use of the Site, your violations of these Terms and Conditions and/or your violation of any rights of a third party.
Payment and Promotions
The Consultation Services are subject to a consultation fee and such fees are subject to change without notice. To the extent that you elect to purchase Consultation Services or other fee-based services through the Site, you agree to pay Village the associated one time or other fees, and authorize Village, or our third-party payment processor, to charge your chosen payment method for such fees and pay the Advisor accordingly. Village reserves the right to correct any payment errors or mistakes even if it has already requested and received payment. Charges will be inclusive of applicable taxes where required by law. All payments are non-refundable and there are no refunds or credits for unused or partially used subscriptions or other features of the service.
Village may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts or free trials on future Services and/or a third party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Village establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Village; (iii) may be disabled by Village at any time for any reason without liability to Village; (iv) may only be used pursuant to the specific terms that Village establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Village reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Village determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Village’s Terms. Village may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the fees applied to you.
If your employer or other third party has made Services available to you, such access to Services will be governed by the agreement with such third party and you will receive information on specific Services made available to you by such third party. Village gift cards “Gift Cards”) are available for purchase, and by purchasing and/or redeeming the Gift Card, you accept the following terms: You must have an active and valid Village account to redeem the Gift Card. You may be required to add a secondary payment method to use the Gift Card with the Sites if the balance from the Gift Card is not sufficient to cover the fees. No fees apply to the Gift Card, and Gift Card funds are subject to expiration. The Gift Card cannot be reloaded with additional funds after purchase. The Gift Card is not refundable, returnable or redeemable for cash except where required by law. You may not purchase other Gift Cards with the Gift Card. The issuer of the Gift Card reserves the right to sell, transfer or assign the issuance of the Gift Card and/or funds underlying the Gift Card to another issuer, without notice to you. The risk of loss of the Gift Card passes to the Gift Card purchaser at the time of purchase. The issuer or Village are not responsible for lost, stolen or destroyed Gift Cards, and are not responsible for unauthorized use of the Gift Card. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY (AND THE ISSUER’S AND VILLAGE’S SOLE POTENTIAL LIABILITY) SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. The issuer reserves the right to void the Gift Card if the issuer suspects that the Gift Card was obtained or used fraudulently, unlawfully or otherwise in violation of this Agreement. The issuer of the Gift Card may modify any of the Term’s terms and conditions at any time, with or without notice to you, subject to applicable law. Other terms and conditions may apply.
Acceptable Use Policy for Services & Sites.
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Village or its licensors or suppliers' infrastructure; (v) involves knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (vii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (viii) impersonate any person or entity, including, without limitation, one of Village' or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (x) collect or store personal data about other account users or attempt to gain access to other account users' accounts or otherwise mine information about other account users or the Sites; (xi) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites' servers or any data not intended for you; (xii) attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from the Sites; or (xiii) are contrary to Village's public image, goodwill, or reputation.
In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of Village or its licensors or supplier's content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of Village or its licensors or supplier's software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Interactions with Other Users of Sites
Village provides tools that allow users, including parents and Advisors, to connect and interact. Village does not supervise or have control over these meetings. As such, Village is not liable for any problems or issues that arise from or at any of these interactions. You are solely responsible for your interactions with other users of the Site and any other parties with whom you interact in connection with the Site; provided, however, that Village reserves the right, but has no obligation, to intercede in disputes. When interacting with other users of the Site you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. VILLAGE AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF VILLAGE SITES. YOU UNDERSTAND THAT VILLAGE DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS, VERIFY EDUCATION, CERTIFICATIONS, OR YEARS OF EXPERIENCE ON ITS USERS OR ADVISORS. VILLAGE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF REGISTERED USERS INCLUDING ADVISORS. VILLAGE MAKES NO REPRESENTATIONS IN CONNECTION WITH PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS. NEITHER VILLAGE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING ADVISORS OF THE SERVICES. We encourage you to exercise caution and to only interact or meet with Users including Advisors that you know and trust.
As a material condition of serving as an Advisor through the Village Sites community, you agree that you will uphold the following standards (the “Advisor Standard”): (a) respond to user questions or requests for Consultation Services within 24 hours or less; (b) be respectful of and non-judgemental about differing parenting philosophies; (c) create a safe and supportive environment for users looking for help; (d) never discriminate based on race, sex, sexual preference, country of origin, religion, age, or disability; (e) ask clarifying questions if you don’t have enough information to give an informed response to a question; (f) give thoughtful responses based on research and experience, to the best of your ability; (g) not purport to offer any medical advice, and instead refer any medical questions to a licensed medical professional; and (h) uphold the highest standards of integrity in the Village community. You understand that the foregoing commitments help to ensure a safe and supportive environment for all parents and community members and that Village reserves the right to remove your account or terminate your access to the Site at any time and for any reason.
The Services may not be used to solicit for any other business, website or services. You may not solicit, advertise for, or contact in any form other users including Advisors for employment, contracting, or any other purpose not related to the Services facilitated through the Village Sites. You may not use the Services to collect usernames and/or email addresses of users by electronic or other means without the express prior written consent of Village.
Text Messaging and Telephone Calls.
Third Party Services and Content
Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
Restricted Use of Website Materials
Unless otherwise indicated, Village or its licensors holds the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, marketing documents, audio/visual clips and design (the “Materials”). Additionally, Village owns all of the trademarks, service marks, slogans and logos (collectively, the "Marks") used and displayed on the Sites, unless otherwise noted. Without the explicit consent of Village, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Sites may violate copyright, trademark and other laws. Village retains all rights not expressly granted, and nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Village or any third party
Village will allow you to view and print information, documents and web pages located on the Sites for your professional use but not for any personal uses or commercial activities outside of an arrangement with Village or purposes of resale. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms and they much agreed to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by Village or its licensors.
Linking to Site
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Site as long as the link does not portray Village, its affiliates, or their services in a false, misleading, derogatory, or otherwise offensive matter. You may not post Site banners on morally questionable websites, or on those that feature pornographic material. You may not use any Village logos or other proprietary graphic or trademark as part of the link without express written permission. Village reserves the right to revoke such license at any time for any reason.
Links To Other Sites
Village may provide links to other Internet sites or resources. The information provided to you in such links is provided solely for your information and are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Village. You should be aware that links to the Sites may be provided from other sites, either known or unknown to Village, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. Village has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites.
Right to Oversee and Remove Content
Village neither actively oversees general use of the Site under normal circumstances, nor exercises editorial control over the content of any third party’s website, email transmission, news group, or other material created or accessible over or through the Site. However, Village does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Village’s sole discretion, may be illegal, may subject Village to liability, may violate these Terms, or are, in the sole discretion of Village, inconsistent with Maven’s purpose for the Site.
Reviews, Comments, Communications, and Other Content
You and other users of the Site may post reviews, comments, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an e-mail or other content. Village reserves the right (but does not have the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Village and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Village and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if it so chooses. You present and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Village and its affiliates for all claims resulting from content you supply. Village takes no responsibility and assumes no liability for any content posted by you or any third party.
Term & Termination
These Terms are effective from the date that you first access the Sites or on the date that you activate your account for the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms.
Village may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (vii) discontinuance of the Services as a whole; (viii) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Services; (ix) the expiration or termination of your professional services arrangement with Village or other Service in which you are participating; and/or (x) any other reason reasonably considered by Village to be in its best interest.
Your access to the Sites or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms. You agree that any termination of your account and/or your access to the Sites or the Services may be effected without prior notice and you acknowledge and agree that Village may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others. Village shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation.
You may deactivate your account at any time. In order for us to deactivate your account, you must provide us with written notice. You acknowledge that our entire liability and your exclusive remedy under these Terms for any dispute with us shall be your right to terminate your account in accordance with this section. You further agree that Village shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites. Upon termination, Village will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to Village with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites or the Services.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Village does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
Deactivation of the Sites
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any part or portion thereof. Nothing in these Terms shall be construed to obligate Village to maintain and support the Sites, or any part or portion thereof, during the term of these Terms.
Limitation of Liability
In no event and under no circumstances shall Village or its service providers or any contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user's) or any unrelated party's use or inability to use the Services and/or the Sites, or your (or any authorized user's) or any unrelated party's reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Services and/or the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms fail of their essential purpose.
Disclaimer of Warranties
While Village makes all reasonable efforts to help ensure that all material on the Site is correct, accuracy cannot be guaranteed and Village makes no warranties or representations as to the accuracy of the Site. THE SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW.
THE SITES ARE MANAGED IN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. VILLAGE MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. VILLAGE MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Village may from time to time post articles and other information provided by third parties that might be of interest or benefit to you. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of Village or endorsed by Village.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights
Most user concerns can be resolved quickly and to a user’s satisfaction by contacting us. This ‘Dispute Resolution and Arbitration; Class Action Waiver’ provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and Village. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and Village shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “Village” means Village for Parents, LLC and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Village regarding any aspect of your relationship with Village, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Village’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Village an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Village for Parents, 7190 W Sunset Blvd #9c, Los Angeles, CA 90046. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Village does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Village may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Legal Department, Village for Parents, LLC., 7190 W Sunset Blvd #9c, Los Angeles, CA 90046, United States of America. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Village through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Village. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Village may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the United States Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Village may initiate arbitration in either Los Angeles, California or the US federal judicial district in which you reside. In the event that you select the latter, Village may transfer the arbitration to Los Angeles, California so long as Village agrees to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.
Payment of Arbitration Fees and Costs – Village will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Village as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Village specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and Village are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Village might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your account with Village and your discontinued use of the Site. Notwithstanding any provision in this Agreement to the contrary, the parties agree that if Village makes any change to this Provision (other than a change to the notice address), you may reject any such change and require Village to adhere to the language in this Provision if a dispute between the parties arises.
If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms. Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder. You agree that, if the terms of these Terms are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies. These Terms are governed by the laws of the State of California, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Los Angeles County, California. These Terms have been written in the English language and the English language shall control. These Terms, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms in any language other than English. These Terms (and each supplemental agreement referenced in or referencing these Terms found on the Sites) constitutes the entire agreement between you and Village with respect to the Sites and the Services.
Payment Terms and Payment Services for Advisors
In consideration of the Consultation Services you may offer via the Sites, Village will collect payment from the user of such service and will compensate you according to the payment terms outlined on the Site, and may change the payment terms at any time. Village may remove an Advisor from the Sites at any time and for any reason. Advisor acknowledges that Village is not responsible for sending or reporting tax forms or other information on behalf of Advisors.
Payment processing services for Advisors on the Site are provided by PayPal (“Payment Provider”) and are subject to the PayPal User Agreement, which includes the Payment Provider’s Acceptable Use Policy (collectively, the “Payment Services Agreement”). By agreeing to these Terms or continuing to operate as an Advisor on the Site, you agree to be bound by the Payment Services Agreement, as the same may be modified by Payment Provider from time to time. As a condition of the Site enabling payment processing services through Payment Provider, you agree to provide the Site accurate and complete information about you and your business, and you authorize the Site to share it and transaction information related to your use of the payment processing services provided by Payment Provider.
Any notice required under these Terms or questions regarding the same, shall be directed by email or in writing to Village:
By email: firstname.lastname@example.org
By mail: Village for Parents, LLC
Attention: Legal Officer
7190 W Sunset Blvd #9c, Los Angeles, CA 90046
Posted: February 14, 2019