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Terms Of Use

PLEASE READ THE FOLLOWING TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE IN ANY CAPACITY AND BEFORE USING ANY AND ALL SERVICES OFFERED BY OUR VILLAGE (“OUR VILLAGE”, “Our Village”, “Shop Our Village”, “Visit Our Village”, "US”, “WE”, “OUR”, “SITE”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.OURVILLAGE.COM AND/OR HTTP://WWW.SHOPOURVILLAGE.COM AND/OR HTTP://WWW.VISITOURVILLAGE.COM (THE "SITES") AND ALL SERVICES PROVIDED BY OUR VILLAGE ON THE SITE.

By using this Site in any manner or capacity, including but not limited to visiting or browsing the Site, you (the "user", "you", “buyer”, or “seller”) agree to be bound by this Agreement, including any and all additional terms and conditions and policies referenced herein and/or available by link(s). This Agreement applies to ALL users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information, advertisers, visitors, and providers of any other materials or services on the Site.

1. Our Village is a Mall Venue

Our Village acts as a venue to allow Sellers, who comply with Our Village's policies to offer, sell and buy certain products and other goods, products or services. We require each Seller (Shop Owner) only to accept payments from buyers via PayPal as a protective measure for the buyer.  Buyers should not provide payment to any Shop Owner other than via PayPal.  Our Village is not directly involved in the transaction between buyers and sellers. As a Shop Owner or Advertiser of any products or services, you also agree to abide by our Prohibited, Questionable and Infringing Items and Activities as described and laid out in Section 5 below. Any products or services which are in conflict with this, or any policy, rules, guidelines, or terms of this site, will be removed by site management without warning or notice to the vendor. Notification of removal, if sent, will be made by vendors registered email address. If continued misuse or rule violations occur, we will remove your Shop permanently. No refund will be issued. Sellers and Buyers acknowledge while Our Village will take appropriate action (which is at the sole discretion of Our Village) against rule violations, we have no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Our Village does not pre-screen sellers or the content or information provided by sellers. Our Village cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Our Village does not transfer legal ownership of items from the seller to the buyer.

Our Village cannot guarantee the true identity, age, and nationality of a user. Our Village encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that Our Village is a mall venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Our Village. You use the Our Village service at your own risk.

2. Subscription Eligibility

Age: Our Village's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Our Village may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Our Village's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all federal, state, and local laws regarding online conduct and acceptable content. You are responsible for all federal, state, and local applicable taxes. In addition, you must abide by Our Village's policies as stated in the Agreement and the Our Village policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Our Village, each of which is incorporated herein by reference and each of which may be updated by Our Village from time to time without notice to you. It is YOUR responsibility to revisit this page and subsequent pages provided by links below to make sure you have the latest versions of each:

The Prohibited, Un-Cool uses of Our Village Fees Policy, Privacy Policy, and Intellectual Property Policy.

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Our Village from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Our Village of any unauthorized use of your password or any breach of security. You also agree that Our Village cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Our Village without Our Village's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Our Village you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your Our Village Shop, User ID, and/or Password to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Our Village's services are not available to temporarily or indefinitely suspended Our Village members. Our Village reserves the right, in Our Village's sole discretion, to cancel unconfirmed or inactive accounts. Our Village reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees Policy

Fees and Termination: If Our Village terminates a listing or your Shop, if you close your Shop, or if the payment of your Our Village fees cannot be completed for any reason, you remain obligated to pay Our Village for all unpaid monthly fees plus any penalties, if applicable. If you wish to dispute a charge, contact Our Village.

You are responsible for paying all fees and applicable taxes associated with using Our Village. Our Village keeps accepted payment information on file. Payment is due on a month to month basis with no long-term contracts. Your monthly Shop Fee is automatically paid from your PayPal account on the first business day of each month, for that month, (unless otherwise stated). There is NO grace period. Failure to pay will result in your store being deactivated.

4. Listing and Selling

Listing Description: By listing anything on this site, you warrant that your actions and all aspects of the item(s) comply with the Our Village's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Our Village Shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline Shop policies for their Our Village Shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All Shop policies must comply with Our Village's site-wide policies. Sellers are responsible for enforcing their own reasonable Shop policies. Our Village reserves the right to request that a seller modify a Shop policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance which complies with the store owner’s policies.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale, misrepresent the item's location, or use another user's account without permission.

5. The Prohibited, Un-Cool Uses of Our Village

You are solely responsible for your conduct and activities on and regarding to Our Village and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Our Village. Restricted Activities: To avoid prohibited, questionable and infringing items and activities, your Shop Content and your use of Our Village shall not:

A. Be false, inaccurate or misleading.
B. Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
C. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Our Village's Intellectual Property Policy).
D. Violate this Agreement, The Prohibited, Un-Cool Uses of Our Village, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
E. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall.
F. Offer items not in your possession or items you cannot deliver.
G. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Our Village staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
H. Be obscene or contain any form of pornography.
I. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
J. Host images not part of a listing.
K. Modify, adapt or hack Our Village or modify another website so as to falsely imply that it is associated with Our Village;
L. Appear to create liability for Our Village or cause Our Village to lose (in whole or in part) the services of Our Village's ISPs or other suppliers.
M. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, The Prohibited, Un-Cool Uses of Our Village, or other policy documents as posted on Our Village.
N. Be a wholesaler, import/export company, or mass producer - which are prohibited. Our Village is reserved for artisans, craftspeople, makers, and family-owned shops.

Our Village staff has the final word as to whether any of the above has been infringed upon. If Our Village Staff determines there is a violation of any of the above or for any reason what-so-ever, they can remove the product from your listing, and perhaps, even remove/terminate your entire Shop without notice.

Furthermore, you may not list any item on Our Village (or consummate any transaction that was initiated using Our Village's service) that, by paying to Our Village the monthly Shop fee, could cause Our Village to violate any applicable federal, state, or local law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: You grant Our Village a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Our Village to store or re-format your Content on Our Village and display your Content on Our Village in any way as Our Village chooses. Our Village will only use personal information in accordance with Our Village's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Our Village user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Our Village-related communications. Our Village has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Our Village user to your email or physical mail list. For more information, see Our Village's Privacy Policy.

Re-Posting Content: By posting Content on Our Village, it is possible for an outside website or a third party to re-post that Content. You agree to hold Our Village harmless for any dispute concerning this use. If you choose to display your own Our Village-hosted image on another website, the image must provide a link back to its listing page on Our Village.

Idea Submissions: Our Village considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Our Village shall not be liable for the disclosure or use of such Material. If, at Our Village's request, any member sends Material to improve the site (for example, but not limited to, the Forums or to Customer Support), Our Village will also consider that Material to be non-confidential and non-proprietary and Our Village will not be liable for use or disclosure of the Material. Any communication by you to Our Village is subject to this Agreement. You hereby grant and agree to grant Our Village, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control

Our Village does not control the Content provided by users that is made available on Our Village. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Please notify us if you believe any of these have taken place on our site. We will investigate your claim immediately.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Our Village, you agree to accept such risks and that Our Village (and Our Village's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Our Village. Please use caution, common sense, and practice safe buying and selling when using Our Village.

Other Resources: Our Village is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Our Village does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Our Village shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Meetings

Users may choose to arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Our Village's policies and acknowledge and agree to comply with the laws of the city, county, State, and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Our Village is not involved with user generated groups, the groups' requirements, or the Meetings.

Our Village does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Our Village does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

9. Resolution of Disputes and Release

In the event a dispute arises between you and Our Village, please contact Our Village. However, be mindful that we are the final say in ANY and ALL matters related to this site. It is our site, our rules and we are the final judge. If this is not acceptable, do not open a Shop.

Should you have a dispute with one or more users, or an outside party, you release Our Village (and Our Village's officers, directors, agents, subsidiaries, joint ventures, affiliates, partners, family and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Our Village encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Our Village, for the benefit of users, may try to help users resolve disputes but is not obligated to do so. Our Village does so in Our Village's sole discretion, and Our Village has no obligation to resolve disputes between buyers and sellers. To the extent that Our Village attempts to resolve a dispute, Our Village will do so in good faith based solely on Our Village's policies. Our Village will not make judgments regarding legal issues or claims.

10. Intellectual Property Policy

OUR VILLAGE, and other Our Village graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trade dress, copyrights and/or other intellectual property of Our Village in the U.S. and/or other countries. Our Village's trademarks, trade dress and copyrights may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner without our expressed written permission.

Sellers: In your shop, if you materially post a product for sale that is infringing upon someone else's intellectual property or copyright, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether your product/material infringes upon someone else's intellectual property or copyright, DO NOT POST IT! By opening your shop you accept full responsibility for all liability from intellectual property and copyright infringement and agree to indemnify, defend, protect and hold harmless Our Village from and against any damages, actions, liabilities, losses, costs and/or expenses of any kind whatsoever that Our Village incurs, including attorneys fees, as a result of (a) any breach by you the shop owner or (b) any other acts or omissions of you the shop owner relating to the legality of your posted products. Our Village may act expeditiously to respond to a proper notice of potential infringement by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) closing your shop until a resolution is confirmed. If Our Village closes your shop in response to such a notice, Our Village will make a good-faith attempt, but is not responsible, to contact you.

Our Village is a Mall Venue and is not responsible or liable for potential intellectual Property or Copyright infringement of shop owners. If you believe that material residing on or accessible through the Our Village web site or service infringes a copyright or other intellectual property right, to provide Our Village of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed below. Please specify the type of infringement at issue and the notice must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail - not by email, except by prior agreement);
B. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
C. Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Our Village is capable of finding and verifying its existence (for listings, please provide the shop name and offending item or items);
D. Contact information including the name of the intellectual property owner, the name and title of the person contacting Our Village on the owner's behalf, the address, telephone number and, if available, e-mail address;
E. A statement that you have a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
F. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

For notification of any issue regarding Intellectual Property and/or Copyright, please contact Our Village at the following address:

Our Village, LLC
c/o: Chambliss, Bahner & Stophel, P.C.
Attn: Jason Mirmelstein
605 Chestnut Street, Suite #1700
Chattanooga, TN 37450

11. Access and Interference

Our Village may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Our Village is updated on a real-time basis and is proprietary or is licensed to Our Village by Our Village's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Our Village for any purpose whatsoever, except to the extent expressly permitted by and incompliance with Our Village's Terms or otherwise without Our Village's prior express written permission. Additionally, you agree that you will not:

Take any action that imposes, or may impose, in Our Village's sole discretion, an unreasonable or disproportionately large load on Our Village's infrastructure or servers.

Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in The Prohibited, Un-Cool Uses of Our Village from the Site except to the extent expressly permitted by and in compliance with Our Village's Terms or otherwise without the prior express written permission of Our Village and the appropriate third party, as applicable.

Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

Bypass Our Village's robot exclusion headers or other measures Our Village may use to prevent or restrict access to Our Village.

12. Breach

Without limiting any other remedies, Our Village may, without notice, and without refunding any fees, delay or immediately remove Content, warn Our Village's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Our Village suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, The Prohibited, Un-Cool Uses of Our Village, or other policy documents and community guidelines incorporated herein; Our Village is unable to verify or authenticate any of your personal information or Content; or Our Village believes that a user is acting inconsistently with the letter or spirit of Our Village's policies, has engaged in improper or fraudulent activity in connection with Our Village or the actions may cause legal liability or financial loss to Our Village's users or to Our Village.

13. Privacy Policy

Except as provided in Our Village's Privacy Policy Our Village will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Our Village stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

14. No Warranty

OUR VILLAGE, OUR VILLAGE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND OUR VILLAGE'S SUPPLIERS PROVIDE OUR VILLAGE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. OUR VILLAGE, OUR VILLAGE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR VILLAGE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM OUR VILLAGE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF YOU LIVE IN ONE OF THESE STATES, DO NOT USE OUR SITE FOR ANY PURPOSE AS WE WILL NOT HONOR YOUR CLAIM AS YOU ARE NOT ALLOWED TO USE THIS SITE AND BY DOING SO YOU ARE IN VIOLATION OF THIS AGREEMENT MAKING YOUR CLAIM NULL AND VOID.

15. Liability Limit

IN NO EVENT SHALL OUR VILLAGE, AND (AS APPLICABLE) OUR VILLAGE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR VILLAGE'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, OUR VILLAGE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

OUR VILLAGE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR VILLAGE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO OUR VILLAGE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $1. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU LIVE IN ONE OF THESE STATES, DO NOT USE OUR SITE FOR ANY PURPOSE AS WE WILL NOT HONOR YOUR CLAIM AS YOU ARE NOT ALLOWED TO USE THIS SITE AND BY DOING SO YOU ARE IN VIOLATION OF THIS AGREEMENT MAKING YOUR CLAIM NULL AND VOID.

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD OUR VILLAGE AND (AS APPLICABLE) OUR VILLAGE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

17. No Guaranty

Our Village does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Our Village's control.

18. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Our Village service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Our Village's net income). By opening your shop you accept full responsibility for all tax liability of your shop and agree that you will indemnify Our Village against all tax liabilities relating in any way to the performance of your shop, including without limitation all liability for sales tax incurred in connection with products provided to the general public accessed via Our Village.

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

You and Our Village are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended, implied or created by this Agreement.

21. Our Village Service

Our Village reserves the right to modify or terminate the Our Village service for any reason, without notice, at any time. Our Village reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Our Village makes a material change Our Village will notify you here, by email, by means of a notice on our home page, or other places Our Village deems appropriate. What constitutes a "material change" will be determined at Our Village's sole discretion, in good faith, and using common sense and reasonable judgment.

22. Choice of Law

This Agreement shall in all respects be construed and interpreted in accordance with the laws of the State of Tennessee, without regard to conflict of law provisions. Exclusive venue for litigation will be a state court of competent jurisdiction, located in Hamilton County, Tennessee. By execution and delivery of this Agreement, each party hereby irrevocably accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts with respect to any claims arising from or related to this Agreement.

23. Mediation/Arbitration

Users and Our Village agree that any dispute regarding the interpretation or application of this Agreement shall be resolved by binding arbitration by a mutually agreed upon arbitrator by all parties from Hamilton County, Tennessee. All parties shall pay their own expenses; the arbiter may award attorney’s fees to the prevailing Party. By execution and delivery of this Agreement, each party hereby irrevocably accepts for itself and in respect of its property, generally and unconditionally, the authority of the arbitrator with respect to any claims arising from this Agreement

In the event of mediation/arbitration, each party will take affirmative steps to assure that there is no breach of the continuing requirement for confidentiality, as set forth in this Agreement.  In this regard, no filing that reveals confidential information may be made unless it is under seal.  Further, both parties will require all experts (if any), consultants, counsel, and persons privy to the mediation/arbitration, to adhere to the confidentiality order entered in the mediation/arbitration.  If for any reason a claim proceeds in court rather than in arbitration. Our Village and you each waive any right to a jury trial.

24. Survival

Sections 3 (Fees Policy), 6 (Content), 7 (Information Control), 8 (Meetings), 9 (Resolution of Dispute and Release), 10 (Intellectual Property Policy), 11 (Access and Interference), 12 (Breach), 13 (Privacy Policy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law), 23 (Mediation/Arbitration) shall survive any termination or expiration of this Agreement.

25. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Our Village, LLC, Attn: Jason Mirmelstein, 605 Chestnut Street, Suite #1700, Chattanooga, TN 37450 (in the case of Shop Our Village) or, in your case, to the email address you provide to Our Village (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Our Village may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Our Village. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in Our Village's Intellectual Property Policy.

26. Disclosures

The services hereunder are offered by Our Village, LLC located in Chattanooga, Tennessee.

Effective Date: January 1, 2016