Last updated on Nov 12, 2021
For Villagers’ Buying Club Members, these Terms also govern your Membership with Villagers’ Buying Club (“VBC”) as further set forth in the Membership section below (“Membership Terms”). By entering and maintaining your VBC Membership, you agree to be bound by these Terms, including the Membership Terms and the terms and conditions related to related VBC policies and programs cross-referenced in the section below.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND VBC ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
We may update these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. By continuing to use or access the Site after we post any changes, you accept the updated Terms.
The “Last Updated” legend above indicates when these Terms were last revised.
II. Intellectual Property; Use of Site
The Site and all materials, including images, illustrations, designs, icons, photographs, video clips, software and written and other materials that are part of this site (collectively, the “Contents”) may be subject to copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by VBC, one of its affiliates, or by third parties who have licensed their materials to VillagersBuyingClub.com and may be protected by U.S. and international copyright laws. Subject to your compliance with these Terms, and solely for so long as you are permitted by VBC, you may access, view, download, and print the Contents for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way except as expressly permitted; and (3) do not provide or make available the Contents to any third party in a commercial manner.
The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of VBC and is also protected by U.S. and international copyright laws. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please follow the procedure outlined below in Section III- DMCA Notice; Procedure for Making and Responding to Claims of Copyright Infringement.
The content and software on this Site may be used only as a shopping resource. You may download or copy the Contents and other downloadable materials displayed on the site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the site or any related software.
III. DMCA Notice; Procedure for Making and Responding to Claims of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement please contact us at support@TheClubRocks.com or 352-552-8218.
IV. User Account, Comments, and Ideas
You certify that any content you provide on or through the Site and VBC Communities is accurate and that the information you provide on or through the Site is complete. You are solely responsible for maintaining the confidentiality and security of your TheClubRocks.com account including username and password. VBC is not responsible for any losses arising out of the unauthorized use of your account. You agree that VBC does not have any responsibility if you lose or share access to your device or your account. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Site. You agree that VBC is not a party to any such agreement, nor is it responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may
1. change, restrict access to, suspend, or discontinue the Site or any portion of the Site; or
2. change, modify, or waive any fees required to use any services, functionality or other content available through the Site or any portion of the Site.
VBC does not claim ownership of any comments or reviews submitted or offered by you on or through this Site (“Comment(s)”) or ideas, concepts, feedback, or know-how (“Ideas”). By making any Comment, you agree that such Comment is non-confidential, non-proprietary, and may be disseminated or used by VBC. If you make a Comment, you automatically grant—or warrant that the owner of such content has expressly granted–VBC a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display (publicly or otherwise) the Comments and Ideas in any media or medium, or any form, format, or forum now known or hereafter developed.
VBC’s policy is to not accept or review unsolicited Ideas. Notwithstanding this policy, any Ideas that are submitted or offered through the Site shall be and remain the exclusive property of VBC and shall be treated as non-confidential information. VBC will be entitled to use and disclose any Ideas you submit for any purpose whatsoever, without restriction and without compensating you or any other party in any way.
VBC may sublicense its rights in Comments and Ideas through multiple tiers of sublicenses. VBC is, and will be, under no obligation (1) to maintain any Comment or Idea in confidence; (2) to pay any compensation for any Comment or Idea; or (3) to respond to any Comment or Idea. You grant to VBC the right to use any name associated with any Comment or Idea that you make available to VBC, although VBC has no obligation to exercise such right, or to otherwise provide any attribution for any Comment or Idea.
You agree that you will not make any Comment that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Comment that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Comment unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collects information about others, including email addresses, without their consent; (g) post the same note more than once or engage in “spamming”; (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole and exclusive judgment of VBC, exposes VBC or any of its licensors, partners, or customers to any liability or detriment of any type; or (i) violates any policy posted on the Site or intended to cause harm, damage, disable or otherwise interfere with VBC or VBC partners.
You are solely responsible for any Comments you make, the consequences of making a Comment, and your reliance on any Comments. VBC is not responsible for the consequences of any Comment. VBC is not responsible for screening or monitoring Comments.
VBC reserves the right (but is not obligated) to: (a) record any Comment you make on the site; (b) investigate an allegation that a Comment does not comply with these Terms; (c) determine in its sole discretion to remove or request the removal of Comments which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the site upon any breach of these Terms or the law; and (e) monitor, edit, or disclose any Comment, regardless of whether such Comment violates these Terms. VBC will have no liability or responsibility to users for performance or nonperformance of such activities.
V. Merchandise on Site and in Club
A. No Representations as to Merchandise
- The Site may make available listings, descriptions, and images of goods and services (“Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
- We try to display colors of Products as accurately as possible on the Site. However, as the actual colors you see will depend on your monitor and various other factors, we cannot guarantee that the actual display of any color will be accurate.
B. Product Availability and Pricing
- Prices and availability for Products are subject to change without notice.
- VBC strives to provide accurate product and pricing information. However, pricing, pictorial or typographical errors may occur, and product descriptions and pricing information are never guaranteed. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or other product information, VBC shall have the right, at its sole discretion, to either refuse or cancel any orders placed for that item, or contact you for notification and instructions on such cancellation, even after your receipt of order confirmation or shipping notice from VBC. Without limitation to the terms above, VBC does not represent that any Product listing on this website is accurate and expressly disclaims any liability relating to accuracy.
- Unless otherwise noted, prices for Products on the Site do not include shipping costs or applicable taxes.
- VBC reserves the right to limit quantities to normal retail purchases or one-per-Member or household, and to exclude resellers.
- We strive to provide you with the lowest costs possible on the site as well as in our brick-and-mortar store. In our effort to provide you with the lowest costs in our particular geographic region, brick-and-mortar store prices will sometimes differ from online prices.
VI. Villagers’ Buying Club Membership Terms and Purchases
This section includes terms specific to VBC Members (“Members”) and does not apply to non-Members.
A. General Membership Policies
- Members must be a homeowner, long-term resident, VBC business marketing partner, or employee of VBC business marketing partner within, or associated with, The Villages® community.
- Members must be 18 years of age or older and have a valid form of government-issued identification or other The Villages® approved identification.
- VBC reserves the right to accept, refuse, or revoke Membership with or without cause at any time at its sole discretion.
- Purchasing from VBC for the intent of reselling is prohibited.
- Members may cancel their Membership at any time by contacting VBC at support@TheClubRocks.com or 352-552-8218.
B. Payment for Purchases
- VBC accepts debit cards, ACH, American Express®, MasterCard®, Visa®, Discover®, VBC Gift/e-Gift Cards.
- Government issued photo identification or other photo identification chosen by VBC (such as a driver’s license, The Villages® ID, or passport) may be required.
C. Use of Resale Permit or Transaction of Privilege Tax License (Tax-Exempt) for Purchases
- Members who own or operate a business must declare to VBC any merchandise that is being purchased for resale or that is otherwise tax-exempt.
- A tax-exempt organization may purchase tax-free. All items purchased must be used exclusively by the tax-exempt organization for tax-exempt purposes only.
- To obtain tax-exempt purchasing privileges, Members must present a valid state tax-exempt number or Sales and Use tax license (or photo copy) with a Membership application and renew it once every three years at VBC.
- If the Member buys any property for resale and uses that property for any purpose other than retention, demonstration or display while holding it for sale, the law requires the Member to report and pay tax, measured by the purchase price or other authorized amount.
- Members will hold VBC harmless from and will indemnify VBC against any claim, loss or expense occurring from any failure to comply with resale permits or tax-exempt requirements, and Membership will be subject to immediate forfeiture.
VIII. Limitation Of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL VBC, OR ITS DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER PERSON, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR PARTICIPATION IN VBC SERVICES OR YOUR USE OF THE SITE, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO VBC ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE AND YOUR MEMBERSHIP DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO VBC ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE SITE.
You agree to defend (at VBC option), indemnify, and hold VBC harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Site or any breach by you of these Terms. VBC reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with VBC if and as requested by VBC in the defense and settlement of such matter.
X. Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Site and/or enrolling as a VBC Member constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and VBC will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision. VBC welcomes and encourages you to reach out to its Customer Service representatives regarding any issues or concerns you may have. This agreement does not in any way alter your ability to bring concerns to the attention of VBC Customer Service at email@example.com or calling us at 352-552-8218.
A. Class Action Waiver and Agreement to Arbitrate
B. Arbitration Process and Procedure
The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website.
C. Applicable Law
These Terms will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of Florida, without regard to conflicts of law principles.
These Terms are effective unless and until terminated by either you or VBC. You may terminate these Terms at any time, provided that you discontinue any further use of the Site and cancel your membership. We also may terminate these Terms at any time and may do so immediately without notice, and deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of these Terms. Upon any termination of these Terms by either you or VBC, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Site, as well as all copies of such Content, whether made under these Terms or otherwise. The following sections survive termination of these Terms: Intellectual Property, User Ideas, VBC Membership Terms and In-Store Purchases, Limitation of Liability, Indemnification, Disputes & Arbitration; Applicable Law.
These Terms represent the complete agreement and understanding between you and VBC and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and VBC. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect. The failure of VBC to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit VBC’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
XIII. Additional Terms
VBC may from time to time and in its discretion incorporate additional terms to these Terms that govern specific benefits and programs related to Members. The following additional terms are incorporated by reference and govern your use of the Site and your Membership, as applicable:
XIV. How to Contact Us
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
Shipping Terms & Conditions
- All shipping costs accrued by VBC will be assigned to the appropriate Member’s invoice.
- Free Shipping for Members: Free shipping obtained by VBC will be assigned to the appropriate Member’s invoice.
- If we inadvertently fail to charge for shipping and later discover that shipping charges were associated with Member’s purchase, we will charge Member for the missed shipping charges.
- Shipping is not available to US territories (i.e. Puerto Rico, Guam, the US Virgin Islands, etc.) and post office boxes.
- Shipping costs will be added to all VBC Auction purchases, if merchandise needs to be shipped to Member.
- VBC reserves the right to make changes to these terms and conditions at any time.
Satisfaction Guarantee Terms & Conditions
VBC is committed to offering quality products and services at an exceptional value. Our goal is to ensure that our products and services meet or exceed your expectations on quality and performance and that you’re satisfied with your VBC membership. We do this through VBC’s 100% Membership Satisfaction Guarantee and 100% Merchandise Satisfaction Guarantee programs (“Guarantee Programs”) available exclusively to current active members only. These Terms and Conditions (“Satisfaction Guarantee Terms and Conditions”) explain the Guarantee Programs and set forth VBC’s return, exchange, and refund policies. No other agreement or guarantee will remove or waive the limitations and conditions for set forth in these Terms and Conditions. Any statements to the contrary are null and void unless agreed to in writing by an authorized officer of VBC. VBC reserves the right to discontinue any guarantee program or to update or modify these Terms and Conditions without notice to you.
VBC shoppers are also subject to Membership Terms and Conditions and the policies and terms of other applicable VBC programs, services, and promotions, all of which may change without notice.
B. General Terms
VBC may limit or refuse requests for exchanges or refunds in the event of a local, regional or national emergency, fraud, abuse of privileges, or violations of these Satisfaction Guarantee Terms and Conditions, as determined in VBC’s sole discretion. In the case of fraud or abuse of privileges, VBC may reverse the amount originally refunded or recharge the amount originally refunded.
These Satisfaction Guarantee Terms and Conditions do not affect any manufacturer’s warranty or requirements, limitations, or restrictions, which may vary by product or service. They also do not change any Member Services Benefits or Protection Plans. See specific Member Services Benefits information or Protection Plan information for details.
C. 100% Merchandise Satisfaction Guarantee
If you are not satisfied with the merchandise you purchased from VBC we’ll replace it or provide a refund in most cases. Some products have different policies, requirements and restrictions associated with them.
- General Requirements and Restrictions
- Most purchases made from Villagers Buying Club may be returned directly to the manufacturer. Please contact Member Services at 352-552-8218 to coordinate a return.
- You may be required to present your membership card and/or valid photo identification.
- Receipts. We prefer that you provide your original receipt or printed order, but if it is not available, we will do our best to process your return without it.
- Product/Order Contents. You may be required to return the product with all product/order contents including packaging (boxes, manuals, warranty cards, etc.), parts, accessories, etc. This includes any promotional gifts, gift/shopping cards provided with the purchase. VBC reserves the right to deny the refund in full or provide a partial refund if only part of the purchase is returned.
- Number of Returns and Time Period. VBC reserves the right to limit the number of returns and limit returns to items returned within a reasonable time period after purchase, as determined in VBC’s sole discretion.
- Tender Type. Certain restrictions and limitations may apply regarding the tender type (cash, credit, etc.) of the refund or credit.
- You will receive credit to the account that was charged at the time of purchase if at all possible. Otherwise, we may provide your refund on a VBC Gift Card.
- Tax. Tax refunds are governed by local laws and may vary by location.
- Shipping/Delivery Charges. Shipping and delivery charges will be refunded or credited only if the return is a result of an error by VBC or damaged during shipping.
- Specific Products/Purchases
If a Member is not satisfied with the merchandise they purchased from VBC we’ll replace it or provide a refund in most cases with the following exceptions:
30 Day Returns
90 Day Returns
Commercial Heavy Equipment
* The Member is responsible for the proper removal and disposal of any gasoline prior to returning. A gasoline purge certificate may be required.
No Returns accepted on:
- Gift Cards & Prepaid Cards
- Custom products (personalized gifts, photos, etc.)
Some services and products may be offered with their own return policy, product-specific warranties, limitations, restrictions and/or requirements including but not limited to:
- Bulk/Volume Purchases in Club and via VillagersBuyingClub.com. A single order of ten (10) units or more of the same item within a 24-hour period; multiple orders of ten (10) units or more of the same item within a 24-hour period; orders of two or more units that exceed $10,000; or five hundred (500) orders within a rolling twelve (12) month period are considered “Volume Purchases”. Volume Purchases cannot be returned, except in the case of manufacturer defects or damage. All damages must be submitted with photos to support@TheClubRocks.com within 72 hours after delivery for online purchases. VBC members who request online orders to ship into a third-party facility or to a freight forwarder are responsible for auditing and ensuring their orders arrive complete and free of damage.
- Protection Plans
- Services (subscriptions, travel, etc.) See specific subscription or service for full detai