Terms of Use

The terms and guidelines described below covers the entire DULUTH WINTER VILLAGE website (“the Site,” “DULUTH WINTER VILLAGE,” “Application,” “we,” “us,” or “our”). Phrases such as “you,” “your” and other similar expressions refer to our customers, or the specific users of this Site (“Users”).  Collectively, DULUTH WINTER VILLAGE and its Users will be known as the “Parties.”  By visiting and using the Site, you accept the practices described in these terms and guidelines (“Terms” or “Services”).

By accessing or using the Site you agree to be bound by these Terms, including the warranty disclaimers, the limitation of liability provisions, and the privacy policy described below.  If you do not understand or agree to these Terms, do not access or use the Site and/or the Services, and please exit the Site now. If you are a vendor of DULUTH WINTER VILLAGE, you may sign a Vendor or Event Agreement, which governs the Services you receive with DULUTH WINTER VILLAGE.

1. Using the Site

When retrieving information from the Site, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (b) aggregating, copying or duplicating any of the materials or information available from the Site except for the small amount of materials and information temporarily required for an ordinary single use of the Site, or (c) accessing data not intended for you.

By accessing or using the Site and/or the Services, you agree:

• You represent and warrant that you are legally entitled to enter into these Terms and to use the Services.
• You represent and warrant that you are at least 18 years old.  If you are under the age of 18, you are not permitted to submit any personal information to us.
• You shall provide accurate, true, and current information as prompted during the account registration process and shall keep it current at all times.
• You shall comply with all state and local laws of each location in which you access the Site or use the Services.  You shall not use the Site and/or Services for any illegal or unauthorized purpose.
• You shall only access or use the Site with a compatible device or computer. DULUTH WINTER VILLAGE  assumes no responsibility or liability for loss resulting from failure to comply with this provision.
• You shall not transmit worms, viruses or any code of a destructive nature to DULUTH WINTER VILLAGE , other users, the Site.
• You shall not abuse, harass, threaten, harm or impersonate other DULUTH WINTER VILLAGE  users or employees or contractors of any DULUTH WINTER VILLAGE  Entities or any of its partners, at any time or for any reason.

Any use of the Site and/or the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site and/or the Services.  DULUTH WINTER VILLAGE  reserves the right to monitor your use of the Site and/or the Services, to ensure your compliance with these Terms, or pursuant to a court, administrative, or governmental order.  Furthermore, we reserve the right to deactivate or suspend use of the Site and/or the Services, for any reason.

2. Events and Passport Destinations.

We take pride in promoting other local businesses and thus have built this platform to do so! With that said, you agree to exercise due diligence in any business you interact with or visit, no matter if you find it on our site, social media or otherwise, as we do not endorse any business that is listed on our site or included in our event(s).

3. Intellectual Property Rights

The copyrights and other intellectual property on the Site are owned exclusively by DULUTH WINTER VILLAGE. You agree not to use any intellectual property without written consent of the intellectual property owner. All rights are reserved.

4. Indemnity

You shall indemnify, defend and hold harmless DULUTH WINTER VILLAGE  and its affiliates, related companies, officers, directors, members, employees, agents, representatives, partners, and licensors from any and all third party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to (i) your use of the Site and/or Services, (ii) your violation of these Terms, or (iii) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your user account.  You agree to immediately notify DULUTH WINTER VILLAGE  of any unauthorized use of your user account or any other breach of security known to you that may affect the security of the Site and/or Services.

5. Limitation of Liability

DULUTH WINTER VILLAGE  ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ASSESSING THE ABILITY OR SUITABILITY OF VENDORS, WHO PROVIDE YOU SERVICES AS THIRD PARTIES.  YOU EXPRESSLY WAIVE AND RELEASE DULUTH WINTER VILLAGE  FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM INDEPENDENT CONTRACTORS YOU ENCOUNTER THROUGH USE OF THE SITE, SERVICES OR APPLICATIONS.  DULUTH WINTER VILLAGE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ACTS BY VENDORS DURING THE PERFORMANCE OF SERVICES WHICH CAUSE PERSONAL INJURY, PROPERTY DAMAGE, DEATH, THEFT, DEFAMATION, DISPARAGEMENT, DISCRIMINATION, BREACH OR INTERFERENCE WITH A THIRD-PARTY CONTRACT, OR MISREPRESENTATION. YOU ACKNOWLEDGE THAT DULUTH WINTER VILLAGE  OWES NO DUTY OF CARE TO YOU AND DULUTH WINTER VILLAGE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR BREACH OF SUCH A DUTY BY AN INDEPENDENT CONTRACTOR.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DULUTH WINTER VILLAGE  SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR APPLICATIONS; OR (B) ANY CONTENT OBTAINED FROM THE SITE OR APPLICATIONS.

6. Governing Law

These Terms shall be governed by and interpreted under the laws of the State of Minnesota. If any dispute, controversy or claim arises between the Parties with respect to this Agreement or any future amendment to this Agreement, they will submit the matter for mediation before a mutually agreed upon mediator. If the Parties cannot agree on a mediator, the matter will be heard by a mediator appointed through the Minnesota Mediation Center or similar service if Minnesota Mediation Center no longer exists. If mediation does not result in agreement, the Parties agree to Minnesota state courts in St. Louis County, Minnesota, as the venue for any litigation regarding this Agreement, including the rights and obligations of any Party to this Agreement.

7. Severability

If any provision of this Agreement is declared invalid or unenforceable, then that provision will be modified to one that is valid and enforceable and most closely carries out the intent of the initial provision, and all remaining provisions of this Agreement will continue in full force and effect.

8. Entire Agreement

These terms and privacy policy contain the entire understanding between the Parties with respect to its subject matter and supersedes any and all other prior written or oral agreements and understandings between the Parties.  We may revise these Terms from time to time, and the most current version will always be at DULUTHWINTERVILLAGE.COM.  By continuing to access or use the Site and/or the Services after those revisions become effective, you agree to be bound by the revised terms.  We do not assume any obligation to notify you of changes to these Terms.