You understand and agree that the Sites are provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Sites, the accuracy of any opinion or information contained on the Sites, or the availability and reliability of any other client software. The opinions expressed on the Sites are not necessarily the opinions of us and may or may not be totally accurate. We also reserve the right to modify, suspend or discontinue the Sites with or without notice at any time and without any liability to you.
- COPYRIGHT OWNERSHIP The Sites contain copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics (“Content”). This Content is subject to copyrights owned by THE VILLAGE GATHERING and other individuals or entities and is protected by United States and international copyright laws.
- USE OF THE VILLAGE GATHERING CONTENT YOU MAY USE THE SITES AND THE CONTENT OFFERED ON THE SITES ONLY FOR PERSONAL PURPOSES. THE VILLAGE GATHERING authorizes you to view a single copy of the material on the Sites solely for your personal, noncommercial use. You may not either directly or through the use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of these Sites or any portion of such Content except as expressly provided herein. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Sites or Content, or reproduce, reprint, copy, store, publicly display, broadcast, stream, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Sites, including THE VILLAGE GATHERING’s servers, computer network, or user accounts.
- SUBSCRIPTIONS, GIFT CARDS, BILLING, AND CANCELLATION By subscribing to the Sites, you authorize us to charge your credit card or other account that you have designated. Monthly, annual and other periodic or renewal fees will be charged at the then current rate plus applicable tax. All fees are charged in US Dollars (USD). Fees may vary based on currency exchange rates. Customers may also be charged additional credit card fees for currency conversion from non-USD currencies to USD. The subscription fee will be billed at the beginning of your subscription period. Your subscription will continue in effect unless and until you cancel your subscription or your subscription is otherwise terminated or suspended. You may cancel your subscription at any time by logging into your account on the Sites or contacting us at help@NewThoughtChannel.com. You have the right to cancel your subscription without fee or penalty at any time. If you cancel your subscription, cancellation will be effective at the end of the current billing period. After cancellation, you will have continued access to THE VILLAGE GATHERING for the remainder of that period, but you will not receive a refund, unless otherwise stated at the time of cancellation.
For full terms and conditions related to gift cards, please see GIFT CARDS.
- TRADEMARK RIGHTS The names, trademarks, service marks, and logos of The Village Gathering belong exclusively to The Village Gathering and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on these Sites confers on you any license or right under any patent or trademark of The Village Gathering or any third party.
- LICENSE GRANT If you make any submission to or communications on the Sites, you automatically grant, or warrant that you and/or the owner of such content has expressly granted THE VILLAGE GATHERING, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. THE VILLAGE GATHERING may sublicense its rights through multiple tiers of sublicenses.
- AGE LIMITATION THE VILLAGE GATHERING is not intended for children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. In the event we learn that such information has been provided through the Sites, we will delete or destroy it.
- DISCLAIMER OF WARRANTIES THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED “AS IS.” THE VILLAGE GATHERING MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. THE VILLAGE GATHERING DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE VILLAGE GATHERING OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
When using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of THE VILLAGE GATHERING, its partners, advertisers, and sponsors or any other third party mentioned on the Sites. Accordingly, THE VILLAGE GATHERING assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites. WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, THE VILLAGE GATHERING DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL THE VILLAGE GATHERING BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
- LIMITATION OF LIABILITY In no event shall THE VILLAGE GATHERING, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the Content or any communications of the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not THE VILLAGE GATHERING is advised of the possibility of such damages. THE VILLAGE GATHERING is not liable for any personal injury, including death, caused by your use or misuse of the Sites or Content.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH THE VILLAGE GATHERING IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICE OFFERED BY THE VILLAGE GATHERING. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
- INDEMNIFICATION By using the Sites you agree to indemnify and hold THE VILLAGE GATHERING, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Sites.
- PASSWORDS Certain parts of the Sites may require a password to enter. Users agree that they are responsible for all acts or omissions that occur on their account while their password is being used. THE VILLAGE GATHERING reserves the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
- PRIVACY We collect personal information on the Sites, which is subject to the terms of our privacy statement, located here.
- LINKS TO EXTERNAL SITES The Sites may contain links to other web sites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.
- DISPUTE RESOLUTION In the event of any controversy, claim or dispute (“dispute”) related to or arising out of your use of the Sites, other than disputes related to or involving THE VILLAGE GATHERING’s intellectual property, you mutually agree to the following dispute resolution procedure:
The parties will first attempt in good faith to resolve any dispute by informal negotiation. The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement. If the parties are unable to resolve the dispute through informal negotiation, you agree that exclusive jurisdiction for the dispute shall be binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified JAMS arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such dispute. Arbitration shall be initiated in the New York, N.Y., area and shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any potential award may be entered in any court having jurisdiction. BY USING THE SITES, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Unless the arbitrator concludes that the arbitration was frivolous or brought for an improper purpose, THE VILLAGE GATHERING will pay all filing, JAMS, and arbitrator’s fees and expenses. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.
- CHOICE OF LAW You agree that the laws of the State of Maryland govern this contract and any claim or dispute that you may have against us, without regard to Maryland’s conflict of laws rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
Effective Date: November 1, 2019