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Terms & Conditions

TERMS OF USE

 

Effective May 1, 2025 

v.3

 

The following TERMS OF USE (“terms”) constitute a legally binding agreement between the user (defined below) of the Platform (defined below) and Villaj, Inc. (“Villaj,” “we“, “us” or “our“). Please review the following terms and conditions concerning use and access to the Platform. The terms apply to all users of the Platform, or any Service facilitated by Villaj, including but not limited to those who are simply navigating or those who register an account or those who benefit from a transaction facilitated by the Platform. By using or accessing the Service, you agree to be bound by these terms.

IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

 

Villaj (the “Platform”) a mobile platform operated by Villaj, Inc. (“Villaj”, “we”, or “us”). The “User” is any person who logs into the Platform, creates a profile on the Platform, accesses the Platform, requests services via the Platform, accepts services via the Platform, or otherwise uses the Platform.  Your use of the Platform or any Services facilitated by the Platform constitutes your agreement to these terms and conditions. We may modify or cancel Villaj or any of its features without notice. To the extent permitted by applicable law, we may also modify these Terms of Use at any time and your continued use of the Platform following the effective date of any such changes shall constitute your acceptance of such changes.

Your participation in this program is completely voluntary.

 

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

Access and Compliance

To access the Platform or any Service, you must register and create an authorized account subject to your acceptance of these Terms. You must safeguard your login credentials and not share your account access with others. We reserve the right to disable any account at any time if these Terms are violated or for any reason in our sole discretion. You are solely responsible for all activity associated with your account.

 

You agree that Villaj may modify this agreement, and such modifications shall be effective immediately upon posting. You agree to review these Terms of Use periodically to be aware of modifications. Continued access or use of the site shall be deemed conclusive evidence of your acceptance of the modified agreement.

 

Disclaimers

 

  1. Villaj may be used to facilitate connecting users to one another for the purpose of providing various services. We make Villaj available as a mobile application for users to connect and arrange tasks from within their trusted network. VILLAJ IS NOT AN AGENCY. We do not employ or engage users of the Service. Our responsibilities are limited to facilitating the availability of the Services. 
     

  2. PLEASE NOTE THAT, AS STATED ABOVE, THE PLATFORM IS INTENDED TO BE USED TO FACILITATE COMMUNICATION BY AND BETWEEN COMMUNITY USERS WHO MAY PROVIDE AND BOOK SERVICES DIRECTLY WITH EACH OTHER. YOU AGREE THAT VILLAJ HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY BOOKING MADE THROUGH THE SERVICE BY USERS, OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS OF USE. VILLAJ CANNOT AND DOES NOT CONTROL THE INFORMATION OR CONTENT CONTAINED IN ANY PROFILES (OTHER THAN THE ARRANGEMENT AND DISPLAY OF SUCH CONTENT) AND THE LEGALITY, SAFETY OR SUITABILITY OF ANY BOOKINGS. VILLAJ IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL SERVICES FACILITATED BY THE PLATFORM. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT A USER’S OWN RISK, AND ALL USERS MUST SATISFY THEMSELVES WITH ANY CREDENTIALS.
     

  3. USERS OF THE SERVICE ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OR FRANCHISEES OF VILLAJ. VILLAJ DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH SERVICES PROVIDED AND DOES NOT EMPLOY USERS TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT VILLAJ DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A USER’S BOOKINGS BUT MAY MONITOR BOOKINGS MADE THROUGH THE PLATFORM.
     

  4. Villaj strongly recommends that, if any user is introduced to an individual, said user should take all reasonable and sensible precautions and steps to assess such individual before communicating with said user. Any information gained from questionnaires or tests within the Platform are based solely upon information submitted by other individuals or users of the Platform and Villaj makes no guarantees as to its correctness, completeness, or accuracy of such user-submitted information and cannot verify or otherwise ascertain the accuracy of such user-submitted information. 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 Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
     

  5. Villaj is not responsible for, nor liable for, any service facilitated by the technology. Without limitation, users requesting and providing services shall conduct their own diligence.  This includes, but is not limited to, users conducting background and license checks, maintaining insurance obligations, and understanding insurance exclusions and regulatory requirements.
     

  6. VILLAJ IS NOT A TRANSPORTATION NETWORK COMPANY (TNC), TRANSPORTATION CARRIER, COMMON CARRIER, OR PUBLIC CARRIER. WE PROVIDE A PLATFORM FOR USERS TO REQUEST AND ARRANGE TRANSPORATAION SERVICS, BUT DO NOT OWN, CONTROL, OPERATE, OR MANAGE THE VEHICLES USE. WE DO NOT PROVIDE TRANSPORTATION SERVICES
     

  7. Although each user must agree to these Terms of Use, Villaj cannot guarantee that each and every user of the Platform or services is at least the required minimum age, nor does Villaj accept responsibility or liability for any content, communication or other use or access of the Platform or services by persons under the age of 13 in violation of these Terms of Use. It is also possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the platform 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 Platform. These individuals may use your information for purposes other than what you intended. Villaj is not responsible for the use of any personal information that you disclose on the Platform or otherwise through services facilitated by Villaj. Please carefully select the type of information that you post on VILLAJ. VILLAJ DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE SERVICE OR OTHERWISE.
     

  8. Although Villaj attempts to maintain the integrity and accuracy of the information made available on the Platform, Villaj provides the Platform on an “as is” basis and makes no guarantees as to its correctness, completeness, or accuracy. The Platform may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Platform or services by third parties without our knowledge. If you believe that information found is inaccurate or unauthorized, you agree to inform Villaj by contacting us via the “Contact Us” link. Villaj specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. Further, Villaj does not warrant that your use of the Platform will be secure, uninterrupted, always available or error-free, or that the Platform or services facilitated will meet your requirements or that any defects will be corrected. Villaj disclaims liability for, and no warranty is made with respect to, connectivity and availability.
     

  9. Users of the Platform are solely responsible for their interactions with each other, and any other parties with whom such user interacts, whether online through the Service or offline; provided, however, that Villaj reserves the right, but has no obligation, to intercede in disputes. Users agree that Villaj will not be responsible for any liability incurred as the result of such interactions. YOU UNDERSTAND THAT VILLAJ DOES NOT CONDUCT BACKGROUND OR LICENSURE CHECKS OR OTHERWISE SCREEN OR EVALUATE USERS OF THE SERVICE IN ANY WAY. VILLAJ ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. VILLAJ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. VILLAJ RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS LICENSURE AND SEX OFFENDER REGISTER SEARCHES AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS)
     

  10. YOU ACKNOWLEDGE AND AGREE THAT VILLAJ IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD VILLAJ 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. VILLAJ 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. VILLAJ 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 THE SERVICE.

    YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT VILLAJ DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS POSTED TO THE PLATFORM OR ANY SERVICES FACILITATED VIA THE PLATFORM. VILLAJ DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE, OUTCOME, OR QUALITY OF ANY SERVICES.

    USE OF THE PLATFORM
     

  11. By using or accessing the Platform, you agree to the following:

    (a) The information posted 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.

    (b) You will use the Service in a manner consistent with any and all applicable laws and regulations. You are solely responsible for your interactions with other users of the Platform. Villaj reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other users of the Services.

    (c) You are solely responsible for the content or information you post, publish or display on the Platform, or for the actions or inactions regarding services between you and any other users. You shall not post any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). We reserve the right to terminate your account and access to the Service for any prohibited activities as determined by Villaj.

    (d )By using the Service, you agree to accept and consent to receiving email communications initiated from Villaj, including but not limited to: message notification emails and emails informing you about events, emails informing you of changes to the Service and emails informing you of promotions that either Villaj provides or that are being provided by third parties. If you choose to respond to promotions that are provided by third parties and, in the course of doing so, disclose information to any external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policies. Should you not wish to receive any of Villaj’s email communications, please do not use or subscribe to our Platform. However, you may opt-out of receiving email communications sent from Villaj or through Villaj. Our Privacy Policy is located here.

    (e) You agree that Villaj has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the Service. You acknowledge and understand that features, parameters, or other services provided by Villaj may change at any time. You acknowledge that Villaj reserves the right to sign out, terminate, delete or purge your account from the Platform if it is inactive. “Inactive” indicates you have not signed in to the Services for a particular period of time, as determined by Villaj in its sole discretion. Villaj may, but is not obligated to, investigate and terminate your access if you have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under the Terms of Use:

    ● Harassing, abusing or otherwise inappropriately contacting any other user of the Platform;
    ● Collecting information about the Platform or any users of the Platform without our written consent;
    ● Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained on the Platform, without written consent;
    ● Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Platform or any portion thereof;
    ●Accessing or using the site for commercial or competitive purposes;
    ● Disguising the origin of information transmitted to, from, or through the Platform;
    ● Impersonating another person;
    ● Distributing viruses or other harmful computer code;
    ● Allowing any other person or entity to impersonate you to access or use the Platform;
    ● Using the Services for any purpose in violation of local, state, national, international laws;
    ● Using the Service in a way that is intended to harm, or a reasonable person would foresee the possibility of harm, to others;
    ● Posting, distributing or reproducing in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
    ● Removing any copyright, trademark or other proprietary rights notices contained in the Website or Mobile Application or forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted through the Platform;
    ● Circumventing any measures implemented by Villaj aimed at preventing violations of the Terms of Use

    VILLAJ expressly reserves the right, in its sole discretion, to terminate a User’s access to the Platform due to any act that would constitute a violation of these Terms of Use.
     

  12. Personal information you submit to the Platform is governed by the Privacy Policy. The Terms of Use require your review and acceptance of the Privacy Policy.  
     

  13. You are eligible to use the Platform if you are the age of 18 or older or if you are between the ages of 13 and 17 and you comply with Section (12) below. Villaj makes every attempt to comply with all regulations concerning minors, including but not limited to COPPA. You are ineligible to use the Platform if your access or use has been suspended by VILLAJ or you are under the age of 13. By using Villaj, you represent and warrant that you have the right, authority and capacity to use the Platform for personal use and you agree to abide by the Terms of Use.
     

  14. If you are thirteen (13) to seventeen (17) years of age and would like to use the Platform, you may register to use the Platform only if your parent or legal guardian
    (1) consents to your registration through the Platform and
    (2) becomes a registered user (a “Consenting Parent User”).

    Consenting Parent Users will have access to all communications between you and other Users as well as a copy of all emails Villaj sends. Consenting Parent Users are responsible for accounts they use or have consented to for a minor
     

  15. Any services facilitated through Villaj are between the Users requesting, accepting and using such service. All services may be subject to a booking fee at the then current rates, which will be displayed to users prior to completing a transaction. In the event a user cancels a booking within twenty-four (24) hours prior to the start of the booking, or after the booking has already begun, the user agrees to pay the appropriate booking fee that was displayed at the time the booking was made, in addition to any cancellation fees that may be assessed up to a maximum of $20.
     

  16. In the event a user cancels an accepted service within two (2) hours prior to the start of the gig start time, the helper agrees that VILLAJ has the right, at its sole discretion, to immediately suspend, terminate, or deactivate the user’s use of the Platform.

    Additional Terms for Use of Mobile Application

  17. You acknowledge and agree that the availability of Villaj is dependent on the third party from whom you received the application license, e.g., the Apple App Store (each, an “App Store”). You acknowledge that the Terms of Use are between you and Villaj and not with the App Store. Villaj, not the App Store, is solely responsible for the Villaj mobile application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Villaj mobile application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the application. You agree to comply with, and your license to use the Villaj Platform is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Store when using the application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce it.

    App Store(s):

  18. You acknowledge and agree that (i) the Terms of Use is concluded between you and Villaj only, and not the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

    Certain features and functions of the Platform may request access to and use of your mobile device’s contacts. You may decide whether or not to use these features when prompted. By granting us this access, however, you acknowledge and agree you have the right and permissions necessary from the applicable third-party contacts to provide us with such information and that we may use such contact information for the purpose of providing and/or improving the Services. If you later decide to revoke this permission, you can do so by following the standard uninstall process and removing the Mobile Application (Villaj) from your device. Alternatively, you can grant or revoke your consent at any time and prevent us from continuing to access your contacts by changing the settings on your mobile device. You hereby authorize Villaj to access such components of your mobile device as described herein.

    Payment

  19.  You expressly understand and agree that Villaj shall not be liable for any payments or monetary transactions that occur through your use of the Platform or services facilitated by Villaj. You also agree that Villaj shall not be liable for any issues regarding any monetary transactions between you and any other third party, including Venmo or other payment service.

    You are responsible for all transactions (one-time, recurring, and refunds) processed through the Platform and/or Villaj. Villaj is not liable for loss or damage from errant or invalid transactions processed with your Venmo account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.

    You understand that Villaj uses the Venmo API to run payments for the Service, that the Venmo API is subject to change at any time, and any such changes may adversely affect the Service. You understand and agree to not hold Villaj liable for any adverse effects to your Venmo account and/or your Villaj account as result of any actions or inactions on the part of Venmo.You agree not to process stolen credit cards, or unauthorized credit cards through Venmo and/or your Villaj account.

    DMCA Statement

  20.  Owners of copyrights or their agents that believe any content found on the Platform infringes upon said copyrights will submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to Villaj immediately upon discovery. If you wish to file a takedown request via mail or by e-mail, 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 Service 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 sent vial electronic and registered mail to VILLAJ:
    ​Villaj, Inc.
    Attn: Legal and Compliance Department
    10 Mechanic Street
    Suite 205
    Red Bank, NJ 07701

    Limitation of Liability

  21. VILLAJ DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OF THE PLATFORM OR SERVICES IN ANY WAY. IN NO EVENT WILL VILLAJ BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF VILLAJ OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VILLAJ FOR USE OF THE PLATFORM. VILLAJ WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER USER, OR ANY INDIVIDUAL YOU ARE INTRODUCED TO VIA THE PLATFORM. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF USER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION”.

    Assumption of Risk

  22. You assume all risks when using the Platform or any service facilitated by Villaj, including but not limited to all risks associated with interacting with others whether it be online or offline, including any risks associated with permitting your child or children to communicate in any way with others via the Platform. Villaj assumes no liability related to any transportation facilitated by the Platform and Villaj does not control the condition, legality, safety, or suitability of any transportation provided by others, regardless of whether the automobile or motor vehicle is owned by you or another user of the Service. You agree to take all necessary precautions when interacting with others, whether it be online or offline, including satisfying yourself with any credentials, drivers records, insurance policies, employment history, and/or permits you may request for a booking. Villaj is not an owner or operator of automobiles or other transportation vehicles and does not own, resell, sell, furnish, provide, rent, re-rent, manage, or control any vehicles or transportation or travel services. Villaj’s Platform is limited to facilitating the availability of the Services contemplated.

    Indemnification

  23. You agree to indemnify, defend and hold harmless Villaj its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including, but not limited to all attorneys’ fees charged to Villaj, arising out of or relating to your claim; your use of, or inability to use, the Service; any violation of these Terms of Use by you or any other person accessing the Platform on your behalf; your violation of any rights of another party, including any users; your interactions with other users; and your violation of any applicable laws, rules or regulations. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

    Release

  24. If you have a dispute with one or more of the other users of the Service, you release Villaj (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.

    Conflicts

  25. Should a conflict or contradiction exist between these Terms and any others which relate specifically to a particular section of the Platform, the specific terms relevant that section shall prevail.

    Severability

  26. Any provision of this agreement found to be unenforceable will not void nor effect other provisions of the agreement.

    Resolution of Disputes – Mandatory Arbitration and Class Action Waiver

  27. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with Villaj. The Federal Arbitration Act applies to this Agreement.

    By agreeing to arbitrate, you are giving up the right to litigate any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.

    Class Action Waiver

  28. 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.

    Choice of Law and Forum Selection

  29. You agree that the laws of the State of New Jersey govern this agreement and any claim or Dispute or issues arising from it, without regard to New Jersey’s conflict of laws rules.

    Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the State of New Jersey and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

    Governing Law & Exclusive Venue

  30. Use of the Platform, and any claim relating to Villaj shall be governed by the laws of the State of New Jersey and litigated in the State of New Jersey. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Service, shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey. The choice of law of and exclusive venue in New Jersey apply to you regardless of where you are accessing the Service from, even if you are accessing the Service from outside of the United States of America.

    Text Messaging

  31. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

 

You may opt-out of the Service at any time. To STOP just reply STOP click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message.

 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our PRIVACY POLICY

 

These Terms of Use, together with any agreements or understandings presented upon using Villaj in any capacity represent the parties’ entire understanding relating to the use of the Platform and supersede any prior or contemporaneous, conflicting or additional, communications. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Service, which may be posted from time to time. Your continued use of the Platform after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

 

You may not assign these Terms of Use without the prior written approval of Villaj. Any purported assignment in violation of this section shall be void. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms of Use, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Villaj.

 

If you have any questions regarding these terms or wish to contact us for any matter:

Email: info@Villaj.net

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