Terms of service

Last updated on: March 1, 2023

Welcome to VAST HILLS! By signing up for a VAST HILLS Account you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us”, “our” and “VAST HILLS” means the applicable VAST HILLS Contracting Party, and “you” means the VAST HILLS User (if registering for or using a VAST HILLS Service as an individual), or the business employing the VAST HILLS User (if registering for or using a VAST HILLS Service as a business) and any of its affiliates.

VAT HILLS provides a complete barter-driven commerce platform that enables merchants to unify their commerce activities. Among other features, this platform includes a range of tools for merchants to build and customize online stores, trade or sell in multiple places (including web, mobile, social media, online marketplaces and other online locations (“Online Services”) and in person (“POS Services”), manage products, inventory, payments, fulfillment, shipping, business operations, marketing and advertising, and engage with existing and potential customers. Any such service or services offered by VAST HILLS are referred to in these Terms of Services as the “Service(s)”. Any new features or tools which are added to the current Services will also be subject to the Terms of Service. 

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service.

Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using VAST HILLS or any VAST HILLS services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

Which means

You are responsible for your Account, the Materials you upload to the VAST HILLS Service and the operation of your VAST HILLS Store. If you violate VAST HILLS’s terms of service we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address.

1. To access and use the Services, you must register for a VAST HILLS account (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. VAST HILLS may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
2. You must be older: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
3. You confirm that you are receiving any Services provided by VAST HILLS for the purposes of carrying on a business, personal, household or family purpose.
4. You acknowledge that VAST HILLS will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to VAST HILLS and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with VAST HILLS can only be authenticated if they come from your Primary Email Address.
5. You are responsible for keeping your password secure. VAST HILLS cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
6. Technical support in respect of the Services is only provided to VAST HILLS Users. Questions about the Terms of Service should be sent to VAST HILLS Support.
7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by VAST HILLS.
8. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside VAST HILLS’s Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
9. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
10. You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to VAST HILLS or its affiliates.

2. Account Activation

Which means

Only one person can be the “Store Owner”, usually the person signing up for the VAST HILLS Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.

We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which may be with various third parties, including but not limited to Stripe, PayPal, Apple Pay, Google Payment and Store Pay.

2.1 Store Owner

1. Subject to Section 2.1.2, the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
2. If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. Your VAST HILLS Store can only be associated with one Store Owner. A Store Owner may have multiple VAST HILLS Stores. You agree to use VAST HILLS Checkout for your store. “Store” means the online store (hosted by VAST HILLS).

2.2 Staff Accounts

1. Based on your VAST HILLS pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
2. The Store Owner is responsible for: (a) ensuring its employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner’s employees, agents or subcontractors. The Store Owner acknowledges and agrees that Store Owner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Store Owner.
3. The Store Owner and the users under Staff Accounts are each referred to as a “VAST HILLS User”.

2.3 VAST HILLS Checkout and VAST HILLS Payments Accounts

1. Upon completion of sign up for the Service, VAST HILLS will create a Checkout account on your behalf, using your Primary Email Address. Depending on your location, VAST HILLS may also create a VAST HILLS Payments account on your behalf.
2. You acknowledge that VAST HILLS Checkout and/or VAST HILLS Payments will be your default payments gateway(s) and that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.

2.4 VH Pay

1. Upon completion of sign up for the Service, if you have been enrolled in VAST HILLS Payments, VH Pay will automatically appear as a checkout option on your checkout page.
2. If your customers have enabled Store Pay, customers may purchase goods and services from your VAST HILLS Store using VH Pay.

Which means

VAST HILLS has the right to control who we make our Services available to and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services, including your Store. We may offer our services to your competitors, but we will never share your confidential information with them in doing so. In the event of an ownership dispute over a VAST HILLS Account, we can freeze a VAST HILLS Account or transfer it to the rightful owner, as determined by us.

1. The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
2. VAST HILLS does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our Terms of Service.
3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any VAST HILLS employee, member, or officer will result in immediate Account termination.
4. We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that VAST HILLS employees and contractors may also be VAST HILLS customers or merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
5. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
6. VAST HILLS reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, VAST HILLS reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

Which means

You are responsible for your VAST HILLS Store, the goods or services you trade / sell, and your relationship with your customers, not us.

You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your VAST HILLS Store.

1. You acknowledge and agree that any contract of barter/trade/sale made through the Services is directly between you and the customer. You are the trader/seller of record for all items you sell through the Services. You are responsible for the creation and operation of your VAST HILLS Store, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your Store, your Materials and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, VAST HILLS will not be the trader/seller or merchant or record and will have no responsibility for your Store or items sold to customers through the Services.
2. You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
3. You may not use the VAST HILLS Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of The United States of America, State of Maryland. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.
4. You agree to use VAST HILLS Checkout for any sales associated with your online store. “VAST HILLS Checkout” means VAST HILLS’s checkout experience that allows Customers to enter their shipping information and payment details after adding item(s) to their cart and before placing an order, including checkouts that occur through the VAST HILLS Checkout.

Which means

A valid payment method (such as a credit card) must remain on file to pay all service fees, including the subscription, transaction and additional fees required for all stores. You will be billed for your Subscription Fees every 7 or 30 days. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are unable to process payment of Fees, we may make subsequent attempts to process payment of Fees using your payment method. If payment of Fees is unsuccessful within 7 days of our initial attempt to process payment, VAST HILL Smay freeze your store. You are responsible for all taxes relating to your Store or use of the Services. You may be required to remit Taxes to VAST HILLS or to self-remit to your local taxing authority. No refunds.

1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than VAST HILLS Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as VAST HILLS Payments, POS Equipment, shipping, apps, Marketplace, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. VAST HILLS will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and VAST HILLS will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency.
3. Subscription Fees are paid every 7 or 30 days and will be billed in 7 or 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at VAST HILLS’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the Platform and could be duplicated to the Email Address provided. As well, an invoice will appear on the Account page of your Store’s administrative console. Users have approximately 7 days to bring up and settle any issues with the billing of Subscription Fees.
4. If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within 7 days of our initial attempt, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, VAST HILLS reserves the right to terminate your Account in accordance with Section 14.
5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
6. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of VAST HILLS’s products and services. To the extent that VAST HILLS charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to VAST HILLS of your exemption. If you are not charged Taxes by VAST HILLS, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
7. For the avoidance of doubt, all sums payable by you to VAST HILLS under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by VAST HILLS to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. VAST HILLS will be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
8. You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your VAST HILLS Store or your use of the Services. Any contract of sale made through the Services is directly between you and the customer.
9. You must maintain an accurate location in the administrative console of your VAST HILLS Store. If you change jurisdictions, you must promptly update your location in the administrative console.
10. VAST HILLS does not provide refunds.

Which means

Both you and VAST HILLS agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

1. “Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. VAST HILLS’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

Which means

We are not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. The Service is provided on an “as is” and “as available” basis. We provide no warranties and our liability is limited in the event of errors or interruptions.

1. You expressly understand and agree that, to the extent permitted by applicable laws, VAST HILLS and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, 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 or these Terms of Service (however arising, including negligence).
2. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, VAST HILLS partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference; (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.
3. You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
4. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
5. VAST HILLS does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
6. VAST HILLS does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
7. VAST HILLS is not responsible for any of your tax obligations or liabilities related to the use of VAST HILLS’s Services.
8. VAST HILLS does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

Which means

Anything you upload remains yours (if it was yours) and is your responsibility, but VAST HILLS can use and publish the things you upload. Anything uploaded to VAST HILLS remains the property and responsibility of its initial owner. However, VAST HILLS will receive a license of materials published through our platform that we may use to operate and promote our Services.

8.1 Your Materials

1. We do not claim ownership of the Materials you provide to VAST HILLS; however, we do require a license to those Materials. You grant VAST HILLS a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favor of VAST HILLS and agree that this waiver may be invoked by anyone who obtains rights in the materials through VAST HILLS, including anyone to whom VAST HILLS may transfer or grant (including by way of license or sublicense) any rights in the Materials.
2. If you owned the Materials before providing them to VAST HILLS then, despite uploading them to your VAST HILLS Store they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your VAST HILLS Store at any time by deleting your Account. Removing your VAST HILLS Store does not terminate any rights or licenses granted to the Materials that VAST HILLS requires to exercise any rights or perform any obligations that arose during the Term.
3. You agree that VAST HILLS can, at any time, review and delete any or all of the Materials submitted to the Services, although VAST HILLS is not obligated to do so.
4. You grant VAST HILLS a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that VAST HILLS requires the license to exercise any rights or perform any obligations that arose during the Term.

8.2 VAST HILLS Intellectual Property

1. You agree that you may not use any trademarks, logos, or service marks of VAST HILLS, whether registered or unregistered, including but not limited to the word mark VAST HILLS, the word mark VH, the word mark VH PAY, and the “Storeping bag design mark” (“VAST HILLS Trademarks”) unless you are authorized to do so by VAST HILLS in writing. You agree not to use or adopt any marks that may be considered confusing with the VAST HILLS Trademarks. You agree that any variations or misspellings of the VAST HILLS Trademarks would be considered confusing with the VAST HILLS Trademarks.
2. You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include VAST HILLS or VAST HILLS Trademarks or that use or include any terms that may be confusing with the VAST HILLS Trademarks.
3. You acknowledge and agree that the Terms of Service do not give you any right to implement VAST HILLS patents.

9.1 VAST HILLS Shipping

Which means

If you use VAST HILLS Shipping, you must comply with the VAST HILLS Shipping Terms of Service.

1. You can print shipping labels from within your VAST HILLS administrative console (“VAST HILLS Shipping”) for delivery of goods purchased from you from your VAST HILLS Store. In addition to these Terms of Service, your access to and use of VAST HILLS Shipping is subject to the VAST HILLS Shipping Terms of Service.

9.2 Messaging

Which means

When you use our Messaging Services, you have to comply with our terms, the acceptable use policies of the Messaging providers, and the law.

1. The Services allow you to send certain communications to your customers by messaging. You will only use the Messaging Services in compliance with these Terms of Service, any other applicable terms as may be amended from time to time, and the laws of the jurisdiction from which you send messages, and in which your messages are received.

9.3 Theme Store

Which means

You can use our Theme Store Design for one Store at a time. You are free to modify our Themes, but do not infringe upon the intellectual property rights of others, including the designer. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.

1. You may establish the appearance of your VAST HILLS Store with a design template from VAST HILLS’s Theme Store (a “Theme”). You are free to transfer a Theme to a second one of your own Stores if you close your first Store. To initiate a transfer of a Theme to a second one of your Stores, please contact VAST HILLS Support. You are not permitted to transfer or sell a Theme to any other person’s Store on VAST HILLS or elsewhere. VAST HILLS gives no assurance that a particular Theme will remain available for additional downloads.
2. You may modify the Theme to suit your Store. VAST HILLS may add or modify the footer in a Theme that refers to VAST HILLS at its discretion. VAST HILLS may modify the Theme where it contains, in our sole discretion, an element that violates the VAST HILLS or other provisions of the Terms of Service, even if you received the Theme in that condition. VAST HILLS may modify the Theme to reflect technical changes and updates as required.
3. The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and, without prejudice to our other rights or remedies, VAST HILLS may take administrative action such as modifying your Store or closing your Store.
4. Technical support for a Theme is the responsibility of the designer, and VAST HILLS accepts no responsibility to provide such support. VAST HILLS may be able to help you contact the designer.
5. It is the responsibility of the user, and not VAST HILLS, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.

9.4 VAST HILLS Email

Which means

By using the Email Services, you agree that VAST HILLS may use certain tools to ensure the content of the emails sent through the service is safe and compliant with our policies.

You may generate or send email from your Account using the VAST HILLS email services (the “Email Services”). In addition to the terms applicable to the Services generally (including VAST HILLS’s Acceptable Use Policy, and Privacy Policy), the following terms apply to your access and use of the Email Services:

1. VAST HILLS employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or VAST HILLS’s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly grant VAST HILLS the right to employ such Content Scanning. VAST HILLS does not warrant that the Email Services will be free from Threats, and each VAST HILLS merchant is responsible for all content generated by their respective Stores.
2. BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). VAST HILLS, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
3. Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email, privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.
4. Your use of the Email Services must comply with VAST HILLS’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.
5. You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.
6. Your use of the Email Services must follow all applicable guidelines established by VAST HILLS. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
   1. using non-permission-based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
   2. using purchased or rented email lists;
   3. using third party email addresses, domain names, or mail servers without proper permission;
   4. sending emails to non-specific addresses
   5. sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
   6. failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
   7. failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
   8. failing to include in each email a link to the then-current privacy policy applicable to that email;
   9. disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
   10. failing to include in each email your valid physical mailing address or a link to that information; or
   11. including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
7. If you or a customer knows of or suspects any violations of the Email Services Requirements, please notify VAST HILLS. VAST HILLS will determine compliance with the Email Services Requirements in its discretion.
8. VAST HILLS’s Email Services utilize Third Party Providers.

9.5 Third Party Services, Experts, and Experts Marketplace

Which means

We are not responsible for third party services, so use them at your own risk. If you choose to use Third Party Services on the VAST HILLS platform, you consent to us sharing your data (and potentially the data of your customers) to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.

1. VAST HILLS may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the VAST HILLS App Store, or Experts Marketplace. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
2. VAST HILLS Experts is an online directory of independent third parties (“Experts”) that can help you build and operate your VAST HILLS Store.
3. You can engage and work with an Expert directly or through VAST HILLS Marketplace. Experts Marketplace provides you with recommendations on Experts that can assist you with different aspects of your Store. Using Experts Marketplace, you can find, hire, and communicate with Experts directly from your Account admin.
4. Any use by you of Third Party Services offered through the Services, VAST HILLS Experts, Experts Marketplace or VAST HILLS’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, VAST HILLS may receive a revenue share from Third Party Providers that VAST HILLS recommends to you or that you otherwise engage through your use of the Services, VAST HILLS Experts, Experts Marketplace or VAST HILLS’s website.
5. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that VAST HILLS has no control over Third Party Services and will not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on VAST HILLS’s websites, including the VAST HILLS App Store or Experts Marketplace, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with VAST HILLS. VAST HILLS does not guarantee the availability of Third Party Services and you acknowledge that VAST HILLS may disable access to any Third Party Services at any time in its sole discretion and without notice to you. VAST HILLSis not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. VAST HILLS strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
6. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. VAST HILLS is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials. Google Maps is a Third Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.
7. You acknowledge and agree that: (i) by submitting a request for assistance or other information through Experts Marketplace, you consent to being contacted by one or more Experts at the Primary Email Address (or such other email address provided by you) as well as the applicable user email address; and (ii) VAST HILLS will receive all email communications exchanged via Experts Marketplace or in any reply emails (each a “Reply”) that originate from Experts Marketplace (directly or indirectly) between yourself and Experts. You further agree that VAST HILLS may share your contact details and the background information that you submit via the Experts Marketplace with Experts. Experts may require access to certain admin pages on your VAST HILLS Store. You choose the pages that the Experts can access.
8. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and VAST HILLS is not obligated to intervene in any dispute arising between you and a Third Party Provider.
9. Under no circumstances will VAST HILLS be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations will apply even if VAST HILLS has been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.
10. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, VAST HILLS partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

9.8 Beta Services

Which means

Beta Services may be offered from time to time. They are not a part of the regular Services, and they might have errors or change at any time. You use Beta Services at your own risk, and we are not responsible for any losses or harm that might come from using a Beta Service. You may be required to keep your participation in the Beta Services confidential.

1. From time to time, VAST HILLS may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which VAST HILLS will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered VAST HILLS Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without VAST HILLS’s prior written consent. VAST HILLS makes no representations or warranties that the Beta Services will function. VAST HILLS may discontinue the Beta Services at any time in its sole discretion. VAST HILLS will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. VAST HILLS may change or not release a final or commercial version of a Beta Service in our sole discretion.

Which means

We welcome customer feedback but are under no obligation to ensure that ideas and suggestions regarding our Services or the services of third parties remain confidential and we can use the feedback in any way we want.

VAST HILLS welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to VAST HILLS be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to VAST HILLS (whether submitted directly to VAST HILLS or posted on any VAST HILLS hosted forum or page), you waive any and all rights in the Feedback and that VAST HILLS is free to implement and use the Feedback if desired, as provided by you or as modified by VAST HILLS, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to VAST HILLS must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. VAST HILLS reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

Which means

VAST HILLS respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your Store. If you don’t think the claim is valid, you can send a counter notification. If you believe one of our merchants is infringing your intellectual property rights, you can send VAST HILLS a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.

VAST HILLS supports the protection of intellectual property and asks VAST HILLS merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to VAST HILLS’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.

Which means

VAST HILLS’s use and collection of personal information is governed by our Privacy Policy. VAST HILLS’s use and collection of customer personal information is further governed by our Data Processing Addendum.

1. VAST HILLS is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that VAST HILLS’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
2. To the extent that VAST HILLS processes personal information of your customers as a “data processor” or “service provider” under certain data privacy or protection laws, including the EU or UK General Data Protection Regulation and the California Consumer Privacy Act.

13. VAST HILLS Contracting Party1

1. If the billing address of your Store is located in the United States or Canada

2. If the billing address of your Store is located in Australia, New Zealand, China, Japan, Singapore

3. If the billing address of your Store is located in EMAA region or other jurisdictions including Europe and Russia, the Middle East, Africa, South America, Caribbean, or Mexico this Section 13(3) applies to you:

Which means

To initiate a termination, you must contact us through your store. VAST HILLS will respond with specific information regarding the termination process for your account. Once termination is confirmed, your VAST HILLS Store will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may terminate your account at any time.

1. The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).
2. You may cancel your Account and terminate the Terms of Service at any time by contacting us via the correspondence feature in your Store and then following the specific instructions indicated to you in VAST HILLS’s response.
3. Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
4. Upon termination of the Services by either party for any reason:
   1. VAST HILLS will cease providing you with the Services and you will no longer be able to access your Account;
   2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
   3. any outstanding balance owed to VAST HILLS for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
   4. your VAST HILLS Store will be taken offline.
5. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
6. If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

Which means

If we make a material change to the Terms of Service that adversely affects your rights under the Terms of Service or your use of our Services in a material way, we will notify you in advance (unless the change relates to legal requirements or to prevent abuse of our Services, among other things).

1. We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the VAST HILLS administrative console, or by similar means. However, VAST HILLS may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.
2. VAST HILLS may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account, providing notice through the VAST HILLS administrative console, or by similar means. VAST HILLS will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).

1. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and VAST HILLS and govern your use of the Services and your Account, superseding any prior agreements between you and VAST HILLS (including, but not limited to, any prior versions of the Terms of Service).
2. The failure of VAST HILLS to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.
3. Save for VAST HILLS and its affiliates, you or anyone accessing VAST HILLS Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
4. The Terms of Service will be governed by and interpreted in accordance with the laws of the UNITED STATES OF AMERICA, State of Maryland applicable therein, without regard to principles of conflicts of laws.
5. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and VAST HILLS’s Terms of Service available in another language, the most current English version of the Terms of Service at will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by VAST HILLS (acting in its sole discretion) or as required by applicable law.
6. All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. VAST HILLS will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without VAST HILLS’s prior written consent, to be given or withheld in VAST HILLS’s sole discretion.
7. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
8. On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections 1 (Account Terms), 5 (Payment of Fees), 6 (Confidentiality), 7 (Limitation of Liability and Indemnification), 8.1 (Intellectual Property and Your Materials), 9.7(8)-(10) (Third Party Services, Experts, and Experts Marketplace), 10 (Feedback and Reviews), 12 (Privacy and Data Protection), 13 (VAST HILLS Contracting Party), 14 (Cancellation and Termination), 15(1) (Modifications), and 16 (General Conditions) will survive the termination or expiration of these Terms of Service.

VAST HILLS
A product of AMRICA ENTERTAINMENT, LLC.
State of Maryland
USA