T&C | villaimports

VILLA IMPORTS

Terms & Conditions

Introduction. Please read this Web page carefully.
It contains the Terms and Conditions governing your access to and use of this Web Site operated by VILLA IMPORTS

1. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use this Web Site.

2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by VILLA IMPORTS) form a binding agreement between you and VILLA IMPORTS. Your access to or use of this Web Site indicates your acceptance of these Terms and Conditions. You are agreeing to use this Web Site at your own risk.

3. Certain Definitions. The following definitions apply to these Terms and Conditions:

"VILLA IMPORTS Web Site" or the "Site" includes “www.villaimports.com” in its entirety and related sites owned or operated by VILLA IMPORTS and includes Content, Text, Graphics, Design, Programming and Services as applicable in the context.

"Customer" means an individual and/or business entity who engages VILLA IMPORTS for its Services (as defined here in below).
•"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
Design" includes the color combinations and the page layout of the Site.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
"Services" means any services provided on the Site by VILLA IMPORTS.
•"You" and "your" means any person (or the entity on behalf of whom you are acting)

You are agreeing to these Terms and Conditions including but not limited to Customers.

IF YOU ARE NOT A CUSTOMER THEN THE PROVISIONS DEALING WITH PAYMENT SHALL NOT BE APPLICABLE TO YOU BUT ALL OTHER

PROVISIONS SHALL BE APPLICABLE.

Terms and Payment for Services:

CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES TO PAY VILLA IMPORTS DIRECTLY FOR THE SERVICES. The fee for Services shall be in U.S. Dollars or applicable currency as agreed upon.

4. Acceptable Use of the Site.

4.1 General Use Rules.

The Site is intended to provide handmade and handpainted ceramics and accessories from Europe. You may use this Site only for lawful purposes within the stated context of VILLA IMPORTS’S intended and acceptable use of the Site. VILLA IMPORTS is the sole interpreter of the Site’s intended and acceptable use. Any references to products, items or services on the Site, together with outside textual contributions, are prepared carefully in order to provide valuable information to visitors of the Site. In cases where the Content is obtained from a third party, VILLA IMPORTS takes all reasonable steps to make sure that such information is correct and up to date. However, if any part of such information is found to be incorrect, you are requested to immediately inform VILLA IMPORTS as soon as possible by sending us an email at info@villaimports.com .

CUSTOMER RELEASES AND HOLDS HARMLESS VILLA IMPORTS, AMANGERS, OWNERS, AGENTS, OR EMPLOYEES FOR ANY HARM, CLAIM, OR INJURIES SUSTAINED DIRECTLY OR INDIRECTLY AS RESULT OF ANY AND ALL USES OF THE SERVICES PROVIDED BY VILLA IMPORTS. Customer expressly acknowledges that VILLA IMPORTS has engaged third party for Customer’s information and that VILLA IMPORTS shall not be responsible for any loss of data unless such loss of data is caused due to negligence of VILLA IMPORTS

4.2 License to Use. VILLA IMPORTS hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for receiving Services described here in above. VILLA IMPORTS reserves the right to suspend or terminate the Services, for any reason at any time, in its sole discretion and refund the Fees in full if Customer has not breached any provision of Terms and Conditions. Customer must be 18 years old or older to obtain the Services on the Site or to use the Site. Customer may not reproduce, distribute, assign, sell, and/or sublicense any part of the Site. No part of the content of this Site may be reproduced, resold or redistributed in any form or in any information retrieval system, or electronic form other than for personal use.

4.3 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions

YOU AGREE THAT ANY SERVICES OR CONTACTS OR COMMUNICATION BETWEEN ANY PARTY OR THROUGH THE SITE SHALL BE AT YOUR OWN RISK AND THAT YOU RELEASE AND FOREVER DISCHARGE VILLA IMPORTS FROM ANY LIABILITY WHATSOEVER IN CONNECTION WITH ANY SERVICES OR CONTACTS OR COMMUNICATION BETWEEN ANY PARTY OR THROUGH THIS SITE.

5. Intellectual Property Rights.

The Site and all right, title and interest in and to the Site is the sole property of VILLA IMPORTS or its licensors, and is protected by United States copyright law and International treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, VILLA IMPORTS reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "VILLA IMPORTS," the VILLA IMPORTS design logo and certain other names or logos are service marks or trademarks of VILLA IMPORTS, and all related product and service names, design marks and slogans are the service marks or trademarks of VILLA IMPORTS. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by VILLA IMPORTS’S trademarks, service marks and copyrights. All other product and service marks contained on the Site are the

trademarks of their respective owners. You further acknowledge and agree that Content

contained in sponsor advertisements or information presented to you by advertisers on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

6. Disclaimers and Limitations on VILLA IMPORTS’S Liability.

6.1 Allocation of Responsibility. VILLA IMPORTS assumes no responsibility for the activities, omissions or other conduct of Customers.

6.2 No Endorsements by VILLA IMPORTS. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any Customer or any third party, whether in regards to its Web site, goods, products, services, or otherwise.

6.3 No Guaranty of Results. VILLA IMPORTS makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the Customer’s objectives.

6.4 WARRANTY DISCLAIMERS. (a) THE SITE IS PROVIDED ON AN 'AS IS' AND ‘AS AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. VILLA IMPORTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. VILLA IMPORTS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.

(b) Without limitation on the foregoing:

(i) VILLA IMPORTS DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, VILLA IMPORTS IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii) VILLA IMPORTS makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted by Customers, or of any other form of communication engaged in by Customers. Information provided by Customers or any third party may contain inaccuracies or typographical errors. You agree that any reliance on information and any other form of communication from Customers, or any third party will be at your own risk.

(iii) VILLA IMPORTS makes no representations or guarantees regarding the Content of the Site,

including, but not limited to, hyperlinks, broken links, inaccuracies or typographical errors.

6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE

RELIEF.

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE,THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS ANDFOR YOUR CONDUCT ON AND OFF THE SITE. YOU ASSUME ANY AND ALLRESPONSIBILITY FOR ANY FRAUDULENT ACTIVITY ON THE SITE.

(b) IN NO EVENT SHALL VILLA IMPORTS (OR ANY OF ITS OFFICERS, MANAGERS,

MEMBERS, EMPLOYEES, AFFILIATES, AGENTS ORADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIALDAMAGES) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THEUSE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/ORANY INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VILLA IMPORTS HAS BEEN NOTIFIED OF SUCH DAMAGES.

Customer agrees to hold all owners, members, contractors, employees, agents, harmless from and against any claims, demands, suits, damage or liability sustained directly or indirectly as a result of any or all services provided by VILLA IMPORTS.

(c) Due to the nature of these Terms and Conditions, in addition to money damages, VILLA IMPORTS will be entitled to equitable relief upon a breach of these Terms and Conditions by you.

7. Amendments to this Agreement and Changes to Site. VILLA IMPORTS may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. Therefore, it is your responsibility to check the Terms and Conditions for any changes; if you do not agree with the changes in the Terms and Conditions please notify VILLA IMPORTS immediately and VILLA IMPORTS will discontinue its Services. However, Customer shall be charged the Fees if VILLA IMPORTS has commenced its Services at the time of such notice.

8. Indemnity. You agree to defend, indemnify, and hold harmless VILLA IMPORTS (and its officers, directors, managers, employees, contractors, and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site or your breach of these Terms and Conditions. VILLA IMPORTS shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding. Customer agrees to hold all owners, members, contractors, employees, agents, physicians harmless from and against any claims, demands, suits, damage or liability sustained directly or indirectly as a result of any or all services provided by VILLA IMPORTS.

9. Customer Information. The Privacy Policy posted on the Site is incorporated in this

Agreement by this reference. The Privacy Policy governs data collected through VILLA IMPORTS’s on-line operations only. In addition, VILLA IMPORTS reserves the right to comply, in its sole discretion, with legal requirements.

10. Questions and Notices. Questions concerning the use of the Site should be directed to

info@villaimports.com . Notices shall be sent, for VILLA IMPORTS, to the address listed on the Site, and, for you, to the address submitted by you or such other address as VILLA IMPORTS reasonably determines is an appropriate address for you.

11. General. VILLA IMPORTS’s contact information is listed on the Site. VILLA IMPORTS makes no

claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access VILLA IMPORTS from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of United States, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts in United States of America. You and VILLA IMPORTS’s sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof

immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by VILLA IMPORTS in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and VILLA IMPORTS.

12. Mediation and Arbitration.

12.1 Any disputes between the parties hereto whether arising under these Terms and Conditions or otherwise which the parties cannot resolve between themselves in good faith shall be referred to a mediator. You will bear the cost of said mediation. Mediation shall be in accordance with the procedures of the American Arbitration Association (hereinafter “AAA”).

12.2 If for any reason said dispute is not resolved by mediation within thirty days, the parties shall submit the dispute to a neutral arbitrator residing in New York. Should the parties fail to agree on one arbitrator, they shall submit their dispute to a panel of three arbitrators. Each party shall choose one arbitrator and the chosen arbitrators shall mutually agree on a third arbitrator. Should the two chosen arbitrators fail to act or agree on such third arbitrator, or the arbitrator selected by You fail to cooperate with such arbitration of the dispute in good faith, then the third arbitrator shall be selected by the arbitrator initially chosen by VILLA IMPORTS.

12.3 The arbitration shall be held in United States. You will bear the cost of said arbitration. Arbitration shall be in accordance with the procedures of the AAA, discovery shall be in accordance with the Rules of Civil Procedure and the arbitrator(s) shall resolve any discovery-related disputes, and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of a majority of the arbitrator(s) shall be final and binding.

12.4 Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to the State of Florida. The prevailing party shall be awarded attorney’s fees and costs of arbitration.

12.5 If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable attorney's fees (including trial and appellate attorneys’ fees) incurred in enforcing the ruling or decision of the arbitrator.

12.6 Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights.

13. Privacy Policy. VILLA IMPORTS protects the confidentiality of its Customers and strictly guards the methods by which personal or information is used, processed, transmitted, and stored. You may be required to provide VILLA IMPORTS with any or all of the following information: name, e-mail address, and mailing address. It is VILLA IMPORTS’s policy not to sell or market the Customers of the VILLA IMPORTS Customer services’ nonpublic personal information to third parties without your consent. Such information is used solely in the conduct of VILLA IMPORTS business and to provide Services to our Customers. VILLA IMPORTS reserves the right to release such information to law enforcement or other governmental officials as, in VILLA IMPORTS’s sole and absolute discretion, it is deemed necessary to comply with the law.

VILLA IMPORTS has and will enter into confidentiality and privacy agreements with all of its employees and agents to protect the privacy of the personal information disclosed to VILLA IMPORTS. Employees and agents of VILLA IMPORTS who have access to Customer’s personal information are assigned various levels of password protection. VILLA IMPORTS however does not guarantee or warrant that the personal data will remain strictly confidential and will not be disclosed to any other person due to human and/or machine errors, actions or omissions. VILLA IMPORTS will not disclose, transmit, or otherwise reveal any personal information of Customer to outside third parties other than to VILLA IMPORTS's agents and employees for the limited purposes described herein, without Customer's express written consent. This Site does provide numerous links, which are outside of VILLA IMPORTS's control and VILLA IMPORTS’s Privacy Policy does not apply to any linked website and you must read the privacy statements of any such linked websites, since they may differ from VILLA IMPORTS’s Privacy Policy. Any modifications to this Privacy Policy will be posted on the Site and such modifications will be effective immediately.

14. Termination. VILLA IMPORTS reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate its obligations under these Terms and Conditions or your ability to access VILLA IMPORTS’s Services.