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TERMS & CONDITIONS

Last updated on January 4, 2023

Terms and Conditions of www.heartofthevillage.com: https://www.iubenda.com/terms-and-conditions/10350220

These Terms govern the use of this Website, and, any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document. The User must read this document carefully.

This Website is provided by:

Heart of the Village Inn
5347 Shelburne Rd, Shelburne, VT 05482, USA
Owner contact email: innkeeper@heartofthevillage.com

What the User should know at a glancePlease note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.Usage of this Website and the Service is age restricted, as detailed in the relevant section of this document.TERMS OF USEUnless otherwise specified, the terms of use detailed in this section apply generally when using this Website.Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.By using this Website, Users confirm to meet the following requirements:There are no restrictions for Users in terms of being Consumers or Business Users;Users must be older than 18;Account registrationTo use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.By registering, Users agree to be fully responsible for all activities that occur under their username and password.Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.Account terminationUsers can terminate their account and stop using the Service subject to the conditions and according to the procedures outlined in the relevant section of this Website.However, termination of the account will not be possible until the subscription period paid for by the User has expired.Account suspension and deletionThe Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.Content on this WebsiteUnless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.Rights regarding content on this Website - All rights reservedThe Owner holds and reserves all intellectual property rights for any such content.Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.Access to external resourcesThrough this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.How to file a takedown notice (called a "DMCA notice")If copyright holders or their agents believe that any content on this Website infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner's Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; andA statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.Copyright infringement notifications may be addressed to the Owner's Copyright Agent at the contact details specified in this document.Acceptable useThis Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:violate laws, regulations and/or these Terms;infringe any third-party rights;considerably impair the Owner's legitimate interests;offend the Owner or any third party.TERMS AND CONDITIONS OF SALEPaid ProductsSome of the Products provided on this Website, as part of the Service, are provided on the basis of payment.The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.Product descriptionPrices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.The characteristics of the chosen Product will be outlined during the purchasing process.Purchasing processAny steps taken from choosing a Product to order submission form part of the purchasing process.The purchasing process includes these steps:Users must choose the desired Product and verify their purchase selection.After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.Order submissionWhen the User submits an order, the following applies:The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.Upon submission of the order, Users will receive a receipt confirming that the order has been received.All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.PricesUsers are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.Prices on this Website are displayed:either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.Offers and discountsThe Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website.Offers and discounts are always granted at the Owner's sole discretion.Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner's location details in this document, unless otherwise specified.Methods of paymentInformation related to accepted payment methods are made available during the purchasing process.Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.Payment methods marked accordingly are managed directly by the Owner. In this case, the Owner collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of this Website to learn more about the data processing and Users' rights regarding their data.Other payment methods – if any – are independently provided by third-party services. In such cases this Website collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.If payment through the available methods fail, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.Retention of usage rightsUsers do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.DeliveryDelivery subject to conditionsThe delivery of certain Products, such as alcoholic beverages, restricted content or the like, may be subject to further conditions under applicable law, the Terms or any other related document.Upon delivery of such Products, Users may be required to provide evidence or declare that such conditions – e.g. being considered an adult under applicable law – are met.In such situations, failure to meet the conditions set forth by law or contract may make it impossible to deliver the Products.Performance of servicesThe purchased service shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.Users acknowledge and accept that the purchase of services available on this Website may be subject to further conditions under applicable law, the Terms or any other related document.Users may be required to provide evidence or declare that such conditions – e.g. being considered an adult under applicable law – are met.In such situations, failure to meet the conditions set forth by law or contract may make it impossible to perform or deliver the services.User rightsRight of withdrawalUnless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.The right of withdrawal does not apply on this WebsiteUsers acknowledge and accept that the right of withdrawal does not apply to contracts concluded over this Website due to the nature of its offering.Liability and indemnificationAustralian UsersLimitation of liabilityNothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner's sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.US UsersDisclaimer of WarrantiesThis Website is provided strictly on an "as is" and "as available" basis. Use of the Service is at Users' own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users' requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users' computer system or mobile device or loss of data that results from such download or Users' use of the Service.The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.The Service may become inaccessible or it may not function properly with Users' web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.Limitations of liabilityTo the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable forany indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; andany damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;any errors, mistakes, or inaccuracies of content;personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;any unauthorized access to or use of the Owner's secure servers and/or any and all personal information stored therein;any interruption or cessation of transmission to or from the Service;any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/orthe defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.IndemnificationThe User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising fromUser's use of and access to the Service, including any data or content transmitted or received by User;User's violation of these terms, including, but not limited to, User's breach of any of the representations and warranties set forth in these terms;User's violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;User's violation of any statutory law, rule, or regulation;any content that is submitted from User's account, including third party access with User's unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;User's wilful misconduct; orstatutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.Common provisionsNo WaiverThe Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.Service interruptionTo ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.Additionally, the Service might not be available due to reasons outside the Owner's reasonable control, such as "force majeure" (eg. labor actions, infrastructural breakdowns or blackouts etc).Service resellingUsers may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner's express prior written permission, granted either directly or through a legitimate reselling programme.Privacy policyTo learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.Intellectual property rightsWithout prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.Changes to these TermsThe Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.Such changes will only affect the relationship with the User for the future.The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.Assignment of contractThe Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User's legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.ContactsAll communications relating to the use of this Website must be sent using the contact information stated in this document.SeverabilityShould any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.US UsersAny such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.EU UsersShould any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.Governing lawThese Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.Exception for European ConsumersHowever, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.Venue of jurisdictionThe exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.Exception for European ConsumersThe above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.Dispute resolutionAmicable dispute resolutionUsers may bring any disputes to the Owner who will try to resolve them amicably.While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner's email address specified in this document.The Owner will process the complaint without undue delay and within 30 days of receiving it.Online dispute resolution for ConsumersThe European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.Definitions and legal referencesThis Website (or this Application)The property that enables the provision of the Service.AgreementAny legally binding or contractual relationship between the Owner and the User, governed by these Terms.Business UserAny User that does not qualify as a Consumer.European (or Europe)Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.Owner (or We)Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.ProductA good or service available for purchase through this Website, such as e.g. physical goods, digital files, software, booking services etc.The sale of Products may be part of the Service.ServiceThe service provided by this Website as described in these Terms and on this Website.TermsAll provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.User (or You)Indicates any natural person or legal entity using this Website.ConsumerAny User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.