Kind Business is Better Business.

©

2014-2018

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Terms and Conditions of Use

 

 

 

  1. THE KIND VILLAGE INC. (“KIND VILLAGE”) OWNS AND OPERATES THE WEBSITE LOCATED AT www.KINDVILLAGE.com (“Website”) AND ALL OF THE RELATED INTELLECTUAL PROPERTY IT HAS CREATED. THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.  

  2. BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES.  THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY KIND VILLAGE FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE.  IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES.  YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.  ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE.  YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE

  3. IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF USE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF USE.

  4. The Kind Village Service.  The Kind Village is an online network for local businesses and professionals that give back to the community (the “Service”).  In order to join the Service, you must create an account and pay the applicable subscription fees. 

  5. Subscription Fees.  Our annual fees for the Service are posted on the account creation page.  Our fees are subject to change at any time.  You authorize us to charge your payment method the applicable annual subscription fee on signing up for the Service.  Your annual subscription will automatically renew, unless you provide us with sixty (30) days-notice prior to the end of your then current subscription term. You also authorize us to charge your payment method annually for the subsequent annual subscription fees.  Fees are non-refundable.  You are required to keep your payment information accurate and up to date. Non-payment of any fees when due may lead to suspension or termination of your account.  

  6. Disclaimer.  Although we reserve the right to verify information provided by users, we have no obligation to do so.  We do not endorse any users or any information provided by any users including without limitation information provided by users about their community contributions.  Kind Village will not be responsible or liable for any information provided by users, and will not be a party to any interaction or transaction between you and any user.   

  7. Content.  All information, data, text, software, music, sound, photographs, graphics, video, messages, trademarks, logos or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Kind Village, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Kind Village does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable.  Under no circumstances will Kind Village be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

  8. Restrictions on User Content and Use of the Service. Kind Village reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.  In using the Website and/or Service You shall not:(a) copy any content unless expressly permitted to do so herein; (b) upload, post, email, transmit or otherwise make available any material that: is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable; You do not have a right to make available under any law or under a contractual relationship; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights); is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; (c) impersonate any person or entity or misrepresent their affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization; (e) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (f) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (g) collect or store personal data about other users or viewers; (h) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or (i) modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law. You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website

  9. License of Content.  By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content on the Website and in other media including without limitation through social media channels such as Twitter and Facebook.  Kind Village will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.  By submitting your application to join Kind Village you grant all permissions and waive your moral rights so as to allow Kind Village to use your logo, trademark, image or likeness on their website, on social media, or in any way related to the activities of the Service.  If you choose to revoke these permissions you must do so in writing, via email and send it to hello@kindvillage.com.

  10. End User License.  Except for User Content, this Website, and the information and materials that it contains, are the property of Kind Village and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws.  Subject to the terms of this Agreement, Kind Village grants you a non-transferable, non-exclusive, license to use the Website for your use (the “License”).  Nothing in the Terms gives you a right to use the Kind Village or Kind Village names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.  You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.  Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.

  11. Feedback.  If You provide Kind Village with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), Kind Village may use such Feedback in the Website or in any other Kind Village products or services (collectively, "Kind Village Offerings"). Accordingly, You agree that: (a) Kind Village is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Kind Village, (c) Kind Village (including all of its successors and assigns and any successors and assigns of any of the Kind Village Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Kind Village Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Kind Village or any of the other users of the Website in respect of the Feedback.

  12. Advertising. You acknowledge and agree that the Website may contain advertisements.  If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Kind Village shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.  You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees).  You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website.  It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

  13. Links & Third-Party Websites.  This Website (including User Content) may contain links to other websites that are not owned or controlled by Kind Village.  In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Kind Village of that third party, third party product or service.  Kind Village is also not responsible for the content of any linked websites.  Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them.  The presence on the Website of a link to any other website(s) does not imply that Kind Village endorses or accepts any responsibility for the content or use of such websites, and You hereby release Kind Village from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

  14. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.  THE WEBSITE, SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS."  KIND VILLAGE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.  KIND VILLAGE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND KIND VILLAGE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.  KIND VILLAGE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE OR FOR ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS.

  15. LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES SHALL KIND VILLAGE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE.  THESE LIMITATIONS SHALL APPLY EVEN IF KIND VILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIND VILLAGE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID KIND VILLAGE IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  16. INDEMNIFICATION.  YOU SHALL INDEMNIFY AND HOLD KIND VILLAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH: (I) ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE; (II) ANY INTERACTIONS OR TRANSACTIONS BETWEEN YOU AND ANY OTHER USER; AND/OR (III)ANY VIOLATION BY YOU OF THESE TERMS OF USE, THE RIGHTS OF ANY THIRD-PARTY OR ANY APPLICABLE LAW OR REGULATION.

  17. Termination.  Kind Village may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Kind Village (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Kind Village), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities.  Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website.  You acknowledge and agree that all terminations may be made by Kind Village in its sole discretion and that Kind Village shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website.  Any termination of these terms of use by Kind Village shall be in addition to any and all other rights and remedies that Kind Village may have.

  18. Availability & Updates.  Kind Village may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.  Kind Village may periodically add or update the information and materials on this Website without notice.   

  19. Security.  Information sent or received over the Internet is generally unsecure and Kind Village cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.   You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure.  Kind Village will not be liable for any loss or damage arising from your failure to comply with these requirements.

  20. General.  These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities.  These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Kind Village.  If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.  The failure of Kind Village to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by Kind Village must be in writing and shall only apply to the specific instance identified in such writing.  You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Kind Village’s prior written consent. We may assign these Terms of Use without restriction.  These Terms of Use are governed by the laws of the Province of Ontario without regard to its choice of laws provisions.  You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario

 

Effecttive  September 1, 2015

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