Last update: Sep 09, 2020
Only users who are 16 years of age or older and reside in the United States or any of its territories or possessions may use the Online Offerings. By using the Online Offerings, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Online Offerings.
To the extent you have entered into a written contract signed and executed by both You and Us providing that the contract shall be treated as incorporated into these terms (“Ancillary Agreement”), and the Ancillary Agreement contains provisions related to agreement modification, such modification provisions shall apply exclusively to the modification or amendment of the Ancillary Agreement.
Accessing the Online Offerings and Account Security
You are responsible for:
- Making all arrangements necessary for you to have access to the Online Offerings.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Online Offerings or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your personal information.
Membership fees may be payable on a monthly or annual basis on the same day of the month or year, as applicable, as the date of your membership. All fees are payable in advance. Any rate changes between a monthly and an annual membership will take effect at the beginning of the next billing date. You agree to pay the membership fees and any charges you incur in connection with your use of the Online Services, whether one-time or membership basis. We may change the price for paid memberships, including recurring membership fees, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next membership period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Online Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by canceling your membership prior to the price change going into effect.
Memberships will automatically renew at the end of the applicable membership period at the same membership fee as your initial charges unless you are otherwise notified in advance, unless you cancel your membership before the end of the then-current membership period by contact us at [email protected]
From time to time, we may offer promotional rates for memberships to certain Online Services. These promotional rates will be payable when you sign up and will last for the period of time specified when you signed up. We will begin billing your membership fees automatically after the period indicated for your promotional rate has expired unless you cancel your membership prior to the end of your promotional period.
From time to time, we may also offer free trials for memberships to certain Online Services. This free trial period will last for the period of time specified when you signed up. We may require you to provide payment details to start a free trial and we will begin billing your membership fees at the end of the free trial unless you cancel your membership prior to the end of the free trial period.
Intellectual Property Rights
The Online Offerings and their entire contents, features, and functionality (including but not limited to all information, code, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Online Offerings for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Online Offerings or any services or materials available through the Online Offerings.
If you wish to make any use of material on the Online Offerings other than that set out in this section, please address your request to: [email protected].
If you are an educator: If you are a franchisee or otherwise registered as an educator with MyVillage, you are entitled to use the Online Offerings solely in connection with your business relationship with MyVillage.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Online Offerings are the trademarks of their respective owners. You agree that you shall not do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of MyVillage.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, obtaining personally identifiable information directly from minors under 16, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Online Offerings, or which, as determined by us, may harm the Company or users of the Online Offerings or expose them to liability.
Additionally, you agree not to:
- Use the Online Offerings in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Online Offerings, including their ability to engage in real time activities through the Online Offerings.
- Use any robot, spider, or other automatic device, process, or means to access the Online Offerings for any purpose, including monitoring or copying any of the material on the Online Offerings.
- Use any manual process to monitor or copy any of the material on the Online Offerings or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Online Offerings.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Online Offerings, the server on which the Online Offerings are stored, or any server, computer, or database connected to the Online Offerings.
- Attack the Online Offerings via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Online Offerings.
The Online Offerings may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Online Offerings.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Online Offerings, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Online Offerings.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Online Offerings.
However, we do not undertake to review material before it is posted on the Online Offerings, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, including caregivers who use the MyVillage platform. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe in good faith that any User Contributions or any other material on our Online Offerings infringes on a copyright that you hold, then you (or your agent) may send our Agent for Notice a written request that we remove or block access to the infringing material. For purposes of this provision of the Agreement, the Company’s Agent for Notice can be reached at the following email address: [email protected].
Your request to us must include the following information:
- An electronic or graphical signature of the owner or person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work or other intellectual property that you claim has been infringed upon.
- A description of the location of the material that you claim is infringing, with sufficient detail (such as a direct URL) that we may find it on the Online Offerings.
- Your telephone number, mailing address, and email address.
- A statement by you explaining why you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property 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 sole copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Online Offerings is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Online Offerings, or by anyone who may be informed of any of its contents.
The Online Offerings may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Online Offerings
We may update the content on the Online Offerings from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Online Offerings may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Online Offerings
Online Purchases and Other Terms and Conditions
Linking to the Online Offerings and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Online Offerings may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Online Offerings.
- Send emails or other communications with certain content, or links to certain content, on the Online Offerings.
- Cause limited portions of content on the Online Offerings to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any Online Offerings that is not owned by you.
- Cause the Online Offerings or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Online Offerings other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Online Offerings
If the Online Offerings contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Online Offerings linked to this Online Offerings, you do so entirely at your own risk and subject to the terms and conditions of use for such Online Offerings.
The owner of the Online Offerings is based in the state of Colorado in the United States. We provide the Online Offerings for use only by persons located in the United States. We make no claims that the Online Offerings or any of its content is accessible or appropriate outside of the United States. Access to the Online Offerings may not be legal by certain persons or in certain countries. If you access the Online Offerings from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Online Offerings will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ONLINE OFFERINGS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE OFFERINGS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ONLINE OFFERINGS LINKED TO IT.
YOUR USE OF THE ONLINE OFFERINGS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE OFFERINGS IS AT YOUR OWN RISK. THE ONLINE OFFERINGS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ONLINE OFFERINGS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE ONLINE OFFERINGS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE OFFERINGS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE ONLINE OFFERINGS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE OFFERINGS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ONLINE OFFERINGS, ANY ONLINE OFFERINGS LINKED TO IT, ANY CONTENT ON THE ONLINE OFFERINGS OR SUCH OTHER ONLINE OFFERINGS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The Online Offerings are operated by MyVillage LLC, 300 Magnolia Drive, Nederland, Colorado 80466.
All notices of copyright infringement claims should be sent to our Agent for Notice at [email protected] in the manner and by the means set out above in the section titled “Copyright Infringement.”
All other feedback, comments, requests for technical support, and other communications relating to the Online Offerings should be directed to [email protected]