2. Your Relationship With UsCompany merely acts as a venue through which Buyers and Sellers find each other. We do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of Sellers to sell items, the ability of Buyers to pay for items, the timeliness of deliveries, or that a Buyer or Seller will actually complete a transaction. The fulfillment of confirmed orders, including delivery and shipment of products, is the responsibility of the Seller.
For all products you list as the Seller, you warrant that your descriptions of the products accurately detail and describe the products offered for sale. In the event the Buyer is not fully satisfied with the product as delivered, Company reserves the right to hold you liable for any and all charges we incur to satisfy the Buyer, without returning products to you.
You are solely responsible for your transactions with other users. You agree not to attempt to impose any liability or seek any legal remedy from Company. You agree to indemnify and hold Company harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Company that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party. You agree to waive California Civil Code Section 1542 which provides that "[a] general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," and any similar laws of any other jurisdiction that may be applicable.
You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and the selling of your products. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. You agree not to copy, modify, or distribute any content from the Site, including Company's copyrights and trademarks, and/or link to the Site without Company's prior written permission.
Company is solely responsible for reimbursing its credit card merchant services provider for any transactions that are charged back. Company is solely responsible for seeking any restitution that may be required from a Seller. The relationship between Company and Buyers and Sellers and the relationship between Company and its merchant services provider are entirely separate.
Company does not endorse or investigate any users of the site. You are solely responsible for determining the suitability of users with whom you interact. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
You agree not to use Company's website to solicit sales outside of Company's website or to use contacts from the Site to engage in any transaction outside of Company's website that could have been completed through Company's website.
3. PaymentIn exchange for connecting users, Company keeps as a fee a percentage of each transaction. As a Buyer, you grant Company permission to charge your credit card for the purchase of products.
As the Seller, you grant Company full authority and approval to sell any and all items described in your posted listing(s) on the site to Buyers from whom you have accepted an order.
As a potential Buyer, when you find a listing that you are interested in and place an order for it, you will be asked to provide your credit card information and billing address or to authorize us to charge your online checkout account (Google Checkout, Checkout by Amazon, or other similar account). We may obtain a pre-authorization from your bank or credit card company for the total amount of the purchase to ensure that you have the necessary funds available to pay for the transaction, and those funds will be put on hold, but will not charge your card at that time. If the Seller who posted the listing accepts your offer, your card will be charged the full balance at the time of acceptance; if the posting user fails to respond within 36 hours or chooses not to accept your offer, no charges will be made, and the pre-authorization will be released. If a Seller chooses to accept only part of an order, the part of the order that is not accepted within 36 hours is cancelled and Company's fee is reduced on a pro rate basis. The funds will be held by Company until the order is fulfilled, at which point Company will remit the held funds to the Seller, less Company's fee.
If a Seller cancels an order after accepting it, Buyer shall receive a full refund from Company and Company shall have the right to bar Seller from using the Site. If a Seller is barred from using the site, Seller may be allowed to pay a reinstatement fee in order to continue using the site. Cancelled orders may also be reflected in Seller's rating on the Site.
If a Buyer cancels an order after it is accepted by a Seller, the Buyer shall forfeit all funds collected in connection with that order and Company will make commercially reasonable efforts to find other Buyers for the components of that order.
4. Your ContentYou represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information. You grant Company a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, such as Internet search engines and marketing web sites or directories, any content you may provide to Company in connection with your use of and its Services.
5. Third Party ContentCompany does not control and has no responsibility for content or information from other users or third parties. Company makes no representations whatsoever about any other Website that you may access through this Site. When you access a non-Company site, please understand that it is independent from Company, and that Company has no control over the content on that Website. In addition, a hyperlink to a non-Company Website does not mean that Company endorses or accepts any responsibility for the content or the use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of viruses, worms, Trojan horses, and other destructive programming. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
6. Our ContentAll pages within this Site and any material made available for download are the property of Company. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio, video, location data, and any materials accessed or made available for use or download through the Site ("Content") may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by Company, including the provision of services or products to the Company, or in connection with a business relationship with Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, logo, Content or other proprietary information (including images, text, page layout, or form) of Company without Company's express written consent.
You may not use automated systems (e.g., robots, spiders, etc.) to access or "harvest" information from the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Site in any manner that could damage, disable, overburden or impair the Site.
7. Confidential InformationYou acknowledge that the Site and Content include information which is confidential and proprietary to Company ("Confidential Information"). Confidential Information includes Content or information marked as "Confidential" or with a similar label, as well as any other Content or other information which you know, or reasonably should know, is confidential or proprietary to Company. If you are not sure whether Content is Confidential Information, contact an authorized Company employee for clarification and do not disclose such Content to any third party until you receive such clarification. You agree to keep all such Confidential Information strictly confidential and to not disclose any such Confidential Information to any third party without the advance written consent of Company. You agree to treat all Confidential Information with the same care and caution as you would treat your own Confidential Information.
8. Accuracy and Integrity of InformationAlthough Company attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company at firstname.lastname@example.org so that it can be corrected. Any information, Content, service, function or feature contained on the Site may be discontinued, changed, or updated at any time with or without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site from any third party.
10. Site AvailabilityCompany makes every effort to ensure 100% web site availability but cannot guarantee uninterrupted use of the Site. Company accepts no responsibility for any damage, financial loss or information loss arising from a service interruption. However Company is committed to working with Buyers and Sellers to consider possible solutions for potential problems that may have arisen from a service interruption.
11. Submissions / Uploads to the SiteIf you submit, upload, post, or transmit any information or Content to the Site ("Submissions"), you agree not to submit, upload, post, or transmit (a) anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behavior; (b) anything that violates the intellectual property rights of any person or entity; or (c) a virus or any other harmful component. Company and its affiliates shall have the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote Submissions in any way and in any commercial or non-commercial medium or form without charge. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption, or interruption. You agree to defend, indemnify, and hold Company harmless from and against all third party claims, damages, and expenses (including reasonable attorneys' fees) against or incurred by Company arising out of any Submissions you submit, upload, post, transmit, or allow to be posted to the Site.
12. No Duty to MonitorYou agree that Company is not liable for Content that is provided by others. Company has no duty to screen or monitor Content that you or other users may submit, upload, post, transmit, or allow to be posted, but Company does have the right to refuse to post or edit submitted Content. Company reserves the right to remove any Content for any reason at any time.
13. Infringement NoticesAs provided in the Digital Millennium Copyright Act (DMCA), we have designated the following individual for notification of potential copyright infringement regarding the Site:
Home Grown Cow, LLC
PO Box 110,
Evansville, WI 53536-0110
Phone: (608) 515-5335
Fax: (608) 531-3400
If you believe any content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. � 512):
a. A physical or electronic signature of the copyright owner or authorized agent;
b. Identification of the copyrighted work(s) claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
e. A statement that the copyright owner or its authorized agent 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; and
f. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. Disclaimer of WarrantiesCOMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE/NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND HYPERLINKED WEBSITES. COMPANY DOES NOT WARRANT THAT CONTENT OR INFORMATION CONTAINED WITHIN THE SITE WITH BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
15. Limitation of Liability Regarding Use of SiteCOMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OWNERS, AFFILIATES, VENDORS, LICENSORS, DEALERS, AND ANY THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Age of UsersYou must be at least 18 years old to use this Website. By continuing to use this Website, you represent that you are at least 18 years old.
17. Electronic Delivery Statement and Your ConsentYou agree that we may provide to you notices and other information concerning Company or this Site electronically, including notice to any email address that you may provide.
18. International UseWe make no representation that Content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
Any QuestionsPlease contact us is you have any questions or concerns. Or you can send an email to email@example.com.
Home Grown Cow, LLC - Terms and Conditions, last updated 6/18/2012