TERMS OF USE

Updated August 4, 2014

The use of www.villasport.com, including its sub-domains (collectively, the “site”), is governed by these terms of use (“terms”) and our website privacy policy (“policy”). The domain name www.villasport.com and its sub-domains are owned and operated by Villa Sport LLC (“Villa Sport”) and/or its affiliates. By using the site, you are agreeing to these terms and the policy. If you do not agree to these terms or the policy, then please discontinue use of the site. We reserve the right to change these terms or the policy at any time, so please review them frequently. If we change these terms or the policy, we will post revised versions on our site. If you continue to use the site thereafter, you hereby provide your consent to the revised versions.

Copyright and Trademark Notice

The content and information displayed on this site is the property of Villa Sport. The reproduction, downloading, or retransmission of this information, other than for non-commercial individual use, is strictly prohibited. The site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, processes, products, or other proprietary rights of other parties. Villa Sport ®, VillaCafe ®, VillaKids ®, and VillaSpa ® are registered trademarks of Villa Sport and/or its affiliates. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, processes, products, and other proprietary rights of Villa Sport, its affiliates, and/or other parties are granted to or conferred upon you.

Submissions

Any communications or submissions to Villa Sport, including feedback, questions, comments, or suggestions shall be and will remain the exclusive property of Villa Sport. You shall have no right of confidentiality in your communications and Villa Sport shall have no obligation to protect your communications from disclosure. Villa Sport shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including the development, production and marketing of products and services that incorporate such information. Villa Sport shall be free to reproduce, use, disclose and distribute your communications to others without limitation. Therefore, we ask you to not send us any confidential or proprietary information or ideas.

Inappropriate Use

You agree not to post, submit, transmit, email, upload, share, store or otherwise make available any content that (i) is unlawful, threatening, harassing, intimidating, libelous, false, fraudulent, misleading, deceptive, defamatory, invasive of another’s privacy or publicity rights, violent, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive or improper in Villa Sport’s sole discretion; (ii) violates any contract or agreement you have with Villa Sport; (iii) includes personal or identifying information about another person without that person’s affirmative consent; (iv) constitutes or contains any form of commercial advertising, marketing, solicitation or promotion, including messages and links for commercial purpose or benefit; or (v) may interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of the site, including content with a software virus or in an excessive amount.

ASSUMPTION OF RISK AND WAIVER OF LIABILITY.

YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT IN ACCESSING AND USING THE SITE, INCLUDING LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. YOU EXPRESSLY ASSUME THESE RISKS, AGREE TO ACCESS AND USE THE SITE AT YOUR OWN RISK, AND AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST VILLA SPORT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (“VILLA SPORT PARTIES”), RELATED TO SUCH ACCESS OR USE (INCLUDING CLAIMS ON BEHALF OF YOUR MINOR CHILDREN) FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY YOU OR ANY PERSON ON YOUR MEMBERSHIP OR IN YOUR HOUSEHOLD CAUSED AS A RESULT OF VILLA SPORT’S NEGLIGENCE, BUT NOT THOSE RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR RECKLESS DISREGARD, UNLESS PROHIBITED BY APPLICABLE LAW.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ACCESSING THE SITE ON AN “AS IS, WHERE IS, AND AS AVAILABLE” BASIS. VILLA SPORT IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF, THE SITE OR ANY PARTICULAR FEATURES OR SERVICES OFFERED THEREIN. VILLA SPORT DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON THE SITE OR THE ERROR-FREE USE OF THE SITE. VILLA SPORT IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE SITE. VILLA SPORT IS PROVIDING THE SITE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (TO THE EXTENT PERMITTED BY APPLICABLE LAW), INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE VILLA SPORT PARTIES FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE VILLA SPORT PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR THE CONTENT YOU MAKE AVAILABLE VIA THE SITE BY ANY MEANS, INCLUDING THROUGH A POSTING, A LINK, REFERENCE TO CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE VILLA SPORT PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, YOUR INABILITY TO USE OR MALFUNCTIONS OF THE SITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE SITE.

General

To the extent that any part of these terms are determined to be invalid or unenforceable by a court of competent jurisdiction, that part shall be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of these terms shall remain in full force and effect. You agree that Villa Sport’s failure to exercise or enforce a legal right, remedy or benefit which is contained in these terms or any applicable law does not constitute waiver of its right to do so later. Unless the context indicates otherwise, “including” shall mean without limitation.