Terms & Conditions

villco TERMS OF USE

Last modified: August 30, 2023

Acceptance of the Terms of Use. This Terms of Use agreement (the “Agreement” or these “Terms”) is entered into by and between you and Village App Co., LLC. (referred to herein as “villco”, “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of the website www.villcoapp.com and the villco application, including any content, functionality and services offered on or through www.villcoapp.com and the villco application (collectively referred to herein as the “App”), whether as a guest or a registered user.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE APP. BY USING THE APP OR BY CLICKING TO “ACCEPT” OR “AGREE” TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. THESE TERMS APPLY TO ALL USERS OF THE APP, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE APP OR WEBSITE, OR THOSE WHO REGISTER AN ACCOUNT. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE APP.

NOTICE FOR USERS UNDER AGE 18: IF YOU’RE UNDER THE LEGAL AGE REQUIRED TO ENTER INTO A CONTRACT, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE APP. PLEASE HAVE YOUR PARENT OR LEGAL GUARDIAN READ THESE TERMS WITH YOU. IF YOU’RE A PARENT OR LEGAL GUARDIAN, AND YOU ALLOW YOUR CHILD TO USE THE APP, THEN THESE TERMS APPLY TO YOU AND YOU ARE RESPONSIBLE FOR YOUR CHILD’S ACTIVITY ON THE SERVICES.

NOTICE OF AUTOMATIC RENEWAL: ONCE YOU SUBSCRIBE TO THE APP FOR A MONTHLY TERM, THEN THE TERM WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AT THE THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH THE “RENEWALS AND CANCELLATIONS” SECTION BELOW.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH villco. PLEASE READ IT CAREFULLY.

1. Changes to the Terms.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter.

Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes. You are expected to periodically check this page so you are aware of any changes, as they are binding on you.

2. Privacy Policy.

For information about the collection and possible use of information and material provided by you, please click on the Privacy Policy link located on the home screen of the App, or visit the following PRIVACY POLICY PAGE. By using the App, you are consenting to the terms of such Privacy Policy which is incorporated herein.

villco is an application which offers a venue between Users who wish to engage the services of a babysitter (the “Families”) and babysitters who wish to be so engaged (the “Sitters”). The App provides the platform in which the Families and Sitters can interact to list and book babysitting appointments (the “Services”), however, Users of the App (“User(s)”) are responsible for making the arrangements directly with each other.

4. Subscriptions.

For Families.

Upon registration with the App, Families will have access to all features of the App for a 7-day trial period which shall begin upon registration and end at midnight on the date that is 7 days from the registration date. Access to the App by Families after such 7-day trial period requires a paid subscription. By registering for the App, you agree to pay villco the applicable subscription fees after the free trial period at the prices then in effect, and you authorize villco to charge your chosen payment method in connection therewith. villco may use third-party payment processing services to process credit card payments and information in connection with the payment of subscription fees. villco reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. villco hereby expressly disclaims, and you hereby expressly release villco from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to villco’s use of third-party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. Upon the expiration of the free 7-day trial period, a Families’ subscription will automatically convert to a paid subscription at the price then in effect if you do not cancel before the end of your free 7-day trial period. To cancel your free trial and avoid subscription charges, please do so through your account settings, or by emailing villco at hello@villcoapp.com prior to the end of the free trial period.

For Sitters.

Currently, Sitters may use the App free of charge; however, villco reserves the right to charge Sitters a subscription fee. In the event villco decides to charge Sitters a subscription fee, Sitters will be notified of such charge and shall be given the option to cancel their subscription.

5. Eligibility.

As a condition of your use of this App, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”):

• you are 18 years of age or older; if you are under age 18, you represent and warrant that you have your parent or legal guardian’s permission to use the App;
• you comply with all laws, rules and regulations in connection with your use of the App;
• you have the right and the legal capacity to enter into and abide by these Terms; if you do not, you represent and warrant that you have your parent or legal guardian’s permission to use the App and enter into and abide by these Terms;
• you have not been the subject of a complaint, restraining order or any other legal action or offence that involves endangering the safety of others, including without limitation any charges or claims relating to violence, abuse, or neglect; and
• you have not been convicted of any misdemeanor or felony crime of any nature, other than a routine traffic offense.

You furthermore acknowledge and agree that villco may rely on the Eligibility Conditions representations and warranties as true, and that you will immediately uninstall the App and discontinue your use of the App should you no longer meet any Eligibility Condition.

6. Third-Party Payment Processing.

Through its App, villco will provide access to third-party payment processing services such as Zelle, Venmo, or PayPal that will enable Sitters to collect payments for their Services from Families who have engaged them for such Services. You understand and agree that these payment processing services are not provided by villco, nor does villco control, endorse, or make any representations or warranties regarding such third-party payment processing services. YOU UNDERSTAND AND AGREE THAT USE OF SUCH THIRD-PARTY PAYMENT PROCESSING SERVICES IS AT YOUR OWN RISK, THAT SUCH THIRD-PARTY SERVICES HAVE THEIR OWN APPLICABLE TERMS AND POLICIES, AND THAT villco IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THIRD-PARTY SERVICES AND CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE USE OF THOSE SERVICES, AND villco HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE villco FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LIABILITIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO SUCH THIRD-PARTY SERVICES.

villco DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS USERS.

villco is responsible only for providing the ability for Users to exchange information as requested by the App for the purposes of booking babysitting appointments directly with each other. villco does not employ the Sitters and there is no employer/employee, partnership, joint-venturer or other relationship between villco and the Sitters.

YOU AGREE THAT villco HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY APPOINTMENT MADE THROUGH THE APP. villco CANNOT AND DOES NOT CONTROL THE INFORMATION OR CONTENT CONTAINED IN ANY LISTINGS (OTHER THAN THE ARRANGEMENT AND DISPLAY OF SUCH CONTENT) AND THE LEGALITY, SAFETY OR SUITABILITY OF ANY APPOINTMENTS FOR BABYSITTING. villco IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BABYSITTING APPOINTMENTS. ACCORDINGLY, ANY APPOINTMENTS WILL BE MADE OR ACCEPTED AT A USER’S OWN RISK, AND FAMILIES MUST SATISFY THEMSELVES WITH ANY SITTER’S CREDENTIALS.

villco strongly recommends that, if any User is introduced to an individual who may be a suitable Sitter, said User should take all reasonable and sensible precautions and steps to assess such individuals.  Users are solely responsible for undertaking steps to check or otherwise ascertain the accuracy of any User-submitted information.  Each User is solely responsible for the accuracy, legality, currency and compliance of its own information and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.

Although each User must agree to these Terms, villco cannot guarantee that each User is at least the required minimum age, nor does villco accept responsibility or liability for any content, communication or other use or access of the App by persons under the age of 18 in violation of the Terms. It is also possible that other Users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the App and that you may be involuntarily exposed to such offensive or obscene materials. It is also possible for others to obtain personal information about you via your use of the App. These individuals may use your information for purposes other than what you intended.  villco is not responsible for the use of any personal information that you disclose on the App. Please carefully select the type of information that you post on the App or release to others. villco DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS/SUBSCRIBERS/REGISTRANTS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE APP OR OTHERWISE.

Although villco attempts to maintain the integrity and accuracy of the information on the App, villco makes no guarantees as to its correctness, completeness, or accuracy.  The App may contain typographical errors, inaccuracies, or other errors or omissions.  Also, unauthorized additions, deletions, or alterations could be made to the App by third parties without our knowledge.  If you believe that information found on the App is inaccurate or unauthorized, please inform villco by contacting us via information provided at the “Contact Us” link. 

VILLCO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, VILLCO DOES NOT WARRANT THAT YOUR USE OF THE APP WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED. VILLCO DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

YOU ACKNOWLEDGE AND AGREE THAT villco IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD villco LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. villco MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. villco MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APP. YOU UNDERSTAND THAT villco DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE APP. villco DOES NOT GUARANTEE OR WARRANT ANY SITTER’S PERFORMANCE ON THE JOB OR OUTCOME OR QUALITY OF THE CARE PROVIDED.  villco DOES NOT SCREEN USERS OR CONDUCT ANY KIND OF IDENTITY OR BACKGROUND CHECKS.

8. User Obligations. As a User of this App you agree to the following:
   
   • Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that villco is not responsible for third party access to your account that results from theft or misappropriation of your username and/or password.
   • Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the App; (ii) the information and content you post or otherwise make available through the App; and (iii) your interactions with other Users through the App. Furthermore, you hereby warrant and represent that the information you provide in any profile you create, including your photograph, is posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs. You hereby assign to villco all copyrights in your profile, any photographs posted by you, and any additional information sent to villco at any time in connection with your use of the App.
   • Risk Assumption and Precautions. villco does not verify that any or all of the Eligibility Conditions are met by any other Users nor does it conduct any kind of background check; therefore, you should use caution when connecting with other Users. You are solely responsible for evaluating and assessing whether to engage the services of other Users and assume all risks when using the App, including, but not limited to, all of the risks associated with any online or offline interactions with others.
   • Reporting of Violations. You will promptly report to villco any violation of the Agreement by others.
   • Content Removal. villco reserves the right, but has no obligation to, monitor the information or material you submit to the App or post on the App. villco reserves the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or this Agreement or upon the request of any third party.
   • User Restrictions. When using the App, Users shall not do any of the following:

• Disseminate through any means any kind of communication that:
  
  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • is intended to or tends to harass, annoy, threaten or intimidate any other Users of the App;
  • is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, or otherwise objectionable;
  • contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
  • contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • is intended to defraud, swindle or deceive any other User of the App;
  • contains viruses, time bombs, Trojan horses, spyware, worms or other harmful, or disruptive codes, components or devices;
  • promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
  • distributes another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
  • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; or
  • is in any way used for or in connection with spamming, phishing, or similar activities.
• Use the App or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation.
• Take any action that would harm the App or interfere with other Users use of the App.
• Attempt to gain unauthorized access to the App, other User accounts, or other device, computer system or networks connected to the App.
• Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein), including pyramid schemes, chain letters, surveys or contests.
• Access, download, or copy any information, content and/or materials from the App through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means).
• Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the App.
  
  • No False Information. You will not provide inaccurate, misleading or false information to villco or to any other User. If information provided to villco or another User subsequently becomes inaccurate, misleading or false, you will promptly notify villco of such change.
  • Bona Fide Use. Your use of the App must be for bona fide babysitting arrangement-seeking purposes.
  • Account Removal. villco reserves the right to delete your account from the App if you have violated these Terms, not signed onto your account for a particular period of time, or as otherwise determined by villco in its sole discretion.

9. Proprietary Rights.

You hereby acknowledge and agree that villco is the owner of all proprietary information, including without limitation, email addresses, phone numbers, usernames, passwords, and availability of Users (collectively referred to herein as, “Confidential Information”). villco owns and hereby retains all proprietary rights in the App, including but not limited to, all Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the App.

10. User Information.
    
    • Disclosure by Law. You acknowledge and agree that villco may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend the rights of villco, or a third party’s rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the User) is threatened.
    • Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Policy, villco reserves the right, but has no obligation, to disclose any information that you submit to the App, if in its sole opinion, villco suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that villco, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that villco is permitted to make such disclosure.

11. Links to Third-Party Web Apps and Dealing with Advertisers and Sponsors.

The App may contain links to websites and apps of third-parties, including without limitation, advertisers, which are not under the control of villco, and villco is not responsible for the content of any linked website or app or any link contained in a linked website or app. villco provides these links to you only as a convenience, and the inclusion of any link does not imply that villco endorses or accepts any responsibility for the content on such third-party websites or apps. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the App (including payment and delivery of related goods, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that villco will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to villco with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the App. Please visit our Privacy Policy to learn more about how we use your information.

12. Disclaimer of Warranty.
    
    • No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. villco PROVIDES THE SERVICES ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THESERVICES OR THE APP (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. villco DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. villco DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
    • Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the App, but not directly by villco, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. villco DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE APP, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY OTHER PARTY.

UNDER NO CIRCUMSTANCES WILL villco BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE APP, OR TRANSMITTED TO OR BY ANY USERS OF THE APP.

13. Limitation of Liability.
    
    • Incidental Damages and Aggregate Liability. IN NO EVENT WILL villco BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES OR THE APP, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR SERVICE OR APP INTERRUPTIONS OR CANCELLATIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF villco KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF villco, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE APP OR THE SERVICES, EXCEED THE PRICE PAID BY YOU FOR YOUR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID villco FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
    • No Liability for Failure of The villco to Take Any Action.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL villco BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE APP OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR APPOINTMENTS WITH OTHER REGISTERED USERS OF THE APP. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

14. Indemnification.

You agree to indemnify, defend and hold harmless villco, its affiliates, and its or their members, officers, directors, employees, agents and advisors, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the App, (b) any User postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. villco reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with villco in asserting any available defenses.

15. Release.

The transaction between Users in making babysitting appointments is solely between Users and does not include villco as a party. If you have a dispute with another User, you hereby expressly release villco (and our affiliates, and their and our members, officers, directors, agents, agents and advisors from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

IF PERMITTED BY LAW, YOU ALSO AGREE TO RELEASE villco FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO villco’S OWN NEGLIGENCE, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENCE RELATING TO:

• ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER’S ELIGIBILITY CONDITIONS;
• ANY MISSTATEMENTS OR MISREPRESENTATIONS MADE BY ANY USERS;
• villco CONTENT AND ANY OTHER INFORMATION, MATERIALS AND CONTENT OBTAINED THROUGH USE OF THE APP;
• THIRD-PARTY SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PAYMENT, PRODUCTS AND/OR SERVICES; OR
• USER CONTENT, INCLUDING WITHOUT LIMITATION ANY ACTS OF OR RELIANCE UPON OTHER USERS WITH RESPECT TO SUCH USERCONTENT AND/OR ANY COMMENTS MADE BY A USER ABOUT OTHERS;

16. Privacy Policy and Communication.

Please refer to our Privacy Policy for information on how villco collects, uses and discloses the information you provide. We may use your email address to send you messages notifying you of important changes to the App or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services or the App. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.

17. Term and Termination.

This Agreement will become effective upon your acceptance of the Agreement or by your use of the App or the Services and will remain in effect in perpetuity unless terminated hereunder. villco reserves the right to immediately suspend or terminate your access to the App or the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our App and any other records at any time at our sole discretion. In the event your access to the App or the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to villco by you will be nonrefundable and all outstanding or pending payments will immediately be due. Following any termination of any User’s use of the App, villco reserves the right to send a notice thereof to other Users which whom you have corresponded.

18. Renewals and Cancellations.

In order to provide continuous Services, villco automatically renews all paid subscriptions 24 hours before such subscriptions expire. Such renewals are for the same duration as the original subscription term. By entering into this Agreement, you acknowledge that your account will be subject to such automatic renewals. You agree that your use of the Services will be subject to this automatic renewal feature unless you cancel your subscription on or before the subscription expiration date by following the instruction on your account settings page or contacting villco by email at hello@villcoapp.com. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.  However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.  By subscribing, you authorize villco to charge you now, and again at the beginning of any subsequent subscription period.

19. DMCA Statement.

Owners of copyrights or their agents that believe any content on the villco App infringes upon their copyrights will submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to villco immediately upon discovery.  If you wish to file a takedown request via mail or by email, please provide the following information as outlined by the DMCA to the contact information below.

• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
• A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
• Identification of the location where the original or an authorized copy of the copyrighted work exists.
• Identification of the URL or other specific location on the villco App where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
• Your name, address, telephone number, and email address so that we may contact you.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Any notices given pursuant to the DMCA shall be given to the designated agent of The villco App at hello@villcoapp.com.

20. Modifications to the App. villco reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the App and/or any features, information, materials or content on the App with or without notice to you. You agree that villco will not be liable to you or any third party for any modification or discontinuance of the App or any portion thereof.

21. Miscellaneous.
    
    • Controlling Law and Jurisdiction. You agree that Ohio law will govern all matters arising out of or relating to this Agreement and that any dispute arising out of or relating to this Agreement will be subject to the exclusive jurisdiction and venue of the courts located in Franklin County, Ohio.
    • No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
    • Any provision of this Agreement found to be unenforceable will not void nor effect other provisions of the Agreement.
    • No Third-Party Beneficiaries. Except as otherwise expressly stated in this Agreement, there shall be no third-party beneficiaries to this Agreement.

22.   CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, CONSOLIDATION OF YOUR DISPUTE WITH OTHER ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED AND ARE WAIVED BY YOU, AND AN ARBITRATOR WILL HAVE NO JURISDICTION TO HEAR SUCH CLAIMS. IF A COURT OR ARBITRATOR FINDS THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THE CLASS ACTION WAIVER WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION. IF ANY OTHER PROVISION OF THIS DISPUTE RESOLUTION SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED WITH THE REMAINDER OF THIS SECTION REMAINING IN FULL FORCE AND EFFECT. 

23.   Mandatory Arbitration.

NOTWITHSTANDING THE FOREGOING AND ANYTHING HEREIN TO THE CONTRARY, ANY DISPUTE UNDER THIS AGREEMENT SHALL BE REQUIRED TO BE RESOLVED BY BINDING ARBITRATION OF THE PARTIES HERETO.  IF THE PARTIES CANNOT AGREE ON AN ARBITRATOR, EACH PARTY SHALL SELECT ONE ARBITRATOR AND BOTH ARBITRATORS SHALL THEN SELECT A THIRD.  THE THIRD ARBITRATOR SO SELECTED SHALL ARBITRATE SAID DISPUTE. THE ARBITRATION SHALL BE GOVERNED BY THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE AND EFFECT.