Veggie Trader Terms of Use
Veggie Trader encompasses a website available at www.veggietrader.com operated by Chirp LLC, all of which are collectively referred to herein as Veggie Trader. Veggie Trader provides a set of online services, including advertisements, forums, weblogs, and email services, (collectively referred to hereafter as "the Services") subject to the following Terms of Use ("TOU"). By using the Services in any way, you agree to comply with the TOU. In addition, when using any of the Veggie Trader services, you agree to abide by any applicable posted guidelines for all Veggie Trader services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Veggie Trader in any way, your only recourse is to immediately discontinue use of Veggie Trader. Veggie Trader has the right, but is not obligated, to strictly enforce the TOU through self-help, active investigation, litigation and prosecution. To provide this service, Veggie Trader uses software and services provided by Hagen Software. You agree that you are also bound by the terms of use and related strictures imposed by Hagen Software, and that nothing in these TOU or Privacy Policy varies or reduces your obligations imposed by Hagen Software.
MODIFICATIONS
A. Veggie Trader reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions or Terms of Use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: http://www.veggietrader.com/termsofuse.php
PRIVACY AND INFORMATION DISCLOSURE
B. Veggie Trader has established a Privacy Policy to explain to users how their information is collected and used, which is located at the end of this TOU and which is incorporated in the TOU as if fully set forth herein.
Your use of the Veggie Trader website or the Services signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Veggie Trader may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Veggie Trader, its users or the general public.
REGISTRATION OBLIGATIONS
C. In consideration of your use of the Services and/or registration with Veggie Trader, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Services registration form (the "Registration Data") and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Veggie Trader has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Veggie Trader has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Veggie Trader is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 18 who wish to allow their children access to the Services must supervise any access to Veggie Trader by such children. When you create a Veggie Trader account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children who may use the Veggie Trader account under your supervision. Please remember that the Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services areas and/or Content are appropriate for your child.
ACCOUNT, PASSWORD AND SECURITY
D. You will receive a password and account designation upon completing the Veggie Trader registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify Veggie Trader of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. Veggie Trader cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
THIRD-PARTY USE OF ACCOUNT
E. Should a third party other than the registered user of an account access Veggie Trader using an account of such a registered user, the third party accessing Veggie Trader is bound by these Terms of Use as if the third party had accepted the Terms of Use originally. No use of accounts of others exempts the actual user of the account (the third party actually accessing Veggie Trader) from compliance with these Terms of Use.
CONDUCT
F. You agree not to post, email, or otherwise make available Content:
(1) that markets meat or dairy products, as Veggie Trader is exclusively devoted to homegrown produce;
(2) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
(3) that is pornographic or depicts a human being engaged in actual sexual conduct;
(4) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(5) that impersonates any person or entity, including, but not limited to, a Veggie Trader employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
(6) that includes personal or identifying information about another person without that person's explicit consent;
(7) that is false, deceptive, misleading, deceitful, misinformative, fraudulent, or constitutes "bait and switch";
(8) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(9) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "multi-level marketing," "pyramid schemes," or unsolicited commercial advertisement;
(10) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Veggie Trader sites which are not designated for such purposes;
(11) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law;
(12) that intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Department of Agriculture, state and/or local authorities regulating growth, production, distribution, transportation, processing and/or sale of food or agricultural products, U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(13) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(14) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(15) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Services, or that otherwise negatively affects other users' ability to use the Services; or
(16) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.
Additionally, you agree not to:
(17) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
(18) "stalk" or otherwise harass anyone;
(19) collect personal data about other users for commercial or unlawful purposes;
(20) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services - unless expressly permitted by Veggie Trader;
(21) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(22) post the same item or service in more than one classified category or forum, or in more than one geographic area;
(23) attempt to gain unauthorized access to Veggie Trader's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Veggie Trader website; or
(24) use any form of automated device or computer program that enables the submission of postings on Veggie Trader without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. Postings include listings of offers to deal or trade and other postings such as comments, among other Content provided by users or third-parties accessing the Veggie Trader website.
You acknowledge that Veggie Trader may or may not pre-screen Content, but that Veggie Trader and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Veggie Trader and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Veggie Trader or submitted to Veggie Trader, including without limitation information in Veggie Trader Forums and in all other parts of the Services and the Veggie Trader website.
CONTENT
G. All postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Services. You understand that Veggie Trader does not control, and is not responsible for Content made available through the Services, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Veggie Trader site and Content available through the Services may contain links to other websites, which are completely independent of Veggie Trader. Veggie Trader makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any Content, that you may not rely on any Content, and that under no circumstances will Veggie Trader be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Services. You acknowledge that Veggie Trader does not always pre-screen or approve Content, but that Veggie Trader shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Services, for violating the letter or spirit of the TOU or for any other reason.
SUBMISSIONS
H. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information from you through the Services, by e-mail or in any other way. Any information, creative works (including, without limitation, text, photographs, graphics, audio, visual and audiovisual content), demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms or message boards, advertisements, or send to us via e-mail) ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way, (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (iii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submitted Materials that you provide to us, nor are we responsible for any information included in any Submitted Materials (for example, without limitation, a blog post or any comments to blog(s) created or posted by users), and we may delete or destroy any such Submitted Materials at any time. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submitted Materials are used by us.
MONITORING
I. Veggie Trader reserves the right, but does not have an obligation, to monitor and/or to review all materials posted to the Services or through the Services’ features by users, or sent through email made available through the Services, and Veggie Trader is not responsible for any such materials posted by users. Veggie Trader is not responsible for any failure to monitor, review and/or delete any materials posted to the Services or through the Services’ features by users or through email made available through the Services. However, Veggie Trader reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Veggie Trader's sole discretion, are in violation of the TOU or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums and/or advertisements without notice or penalty if we believe you are in breach of the guidelines set forth in the TOU or in violation of applicable law without notice or liability.
THIRD PARTY SERVICES, CONTENT, AND SITES
J. The Veggie Trader site and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Veggie Trader, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Services, including payment, exchange and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities, either organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any such third parties.
You agree that Veggie Trader shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Veggie Trader is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Veggie Trader, its officers, employees, owners, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "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."
TRANSACTIONS OR RELATIONSHIPS FORMED BETWEEN USERS OF THE SERVICES
K. Some materials or information accessible in certain areas of the Services may be provided by other users and not by Veggie Trader (including, for example and without limitation, advertisements for third party or user-provided products or services, message boards, chat rooms, or emails available on or through the Services). From time to time, there may be opportunities on or through the Services for you to purchase certain products and/or services directly from such third parties (and in many cases, other users) who have advertised such products or services on the Services. Veggie Trader assumes no responsibility for, and you are solely responsible for confirming, the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability and timeliness of any such user-provided information, content, products, services, advertising or other materials. The inclusion of any such user-provided content on the Services does not imply endorsement or sponsorship by Veggie Trader. You are solely responsible for any and all consequences of any such activities, transactions and relationships that you may conduct or form with other users of the Services. Any purchases that you make from such third parties or users who have advertised on or through the Services are made at your own risk. You acknowledge and agree that Veggie Trader has no responsibility or liability for such purchases and/or transactions.
INTERSTATE NATURE OF COMMUNICATIONS ON VEGGIE TRADER NETWORK
L. When you register with Veggie Trader, you acknowledge that in using the Services to send electronic communications (including but not limited to email, search queries, sending messages to Veggie Trader forums, posting advertisements, and other Internet activities), you will be causing communications to be sent through Veggie Trader's computer networks, portions of which are located in various locations in the United States. As a result, and also as a result of Veggie Trader's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOU, you acknowledge that use of the service results in interstate data transmissions which may transit through the state of California.
POSTING AGENTS
M. A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Services on behalf of others. To moderate demands on Veggie Trader's resources, you may not use a Posting Agent to post Content to the Services without express permission or license from Veggie Trader. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Services to facilitate posting Content on behalf of others, except with express permission or license from Veggie Trader.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
N. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Veggie Trader's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at
Cls-CTSalemfulfillment@wolterskluwer.com
Or:
Veggier Trader/Chirp, LLC
C/O
CT Corporation
388 State Street Suite 420
Salem, OR 97301
Please provide our Agent with the following Notice:
(1) Identify the material on the Veggie Trader site that you claim is infringing, with enough detail so that we may locate it on the website;
(2) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(3) A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
(4) Your address, telephone number, and email address; and
(5) Your physical or electronic signature.
Veggie Trader will remove the infringing posting(s), subject to requirements outlined in the Digital Millenium Copyright Act (DMCA) and any other applicable laws.
NO SPAM
O. You understand and agree that sending unsolicited email advertisements to Veggie Trader email addresses or through Veggie Trader computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in various jurisdictions within the United States, including California. Any unauthorized use of Veggie Trader computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
P. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. ADDITIONALLY, YOU AGREE TO NOT IMPORT OR EXPORT FOOD INTO OR OUT OF THE UNITED STATES THROUGH USE OF THE SERVICES.
LIMITATIONS ON SERVICE
Q. You acknowledge that Veggie Trader may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum size and number of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. You agree that Veggie Trader has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that Veggie Trader reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Veggie Trader shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
ACCESS
R. You may access and view the content on the Veggie Trader website on your computer or other device, and make single copies or prints of the content on the Veggie Trader website at your own risk and for your personal use only. Use of the Veggie Trader website and the services offered on or through the Veggie Trader website, are only for your personal use. You may not use the Veggie Trader website for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
Veggie Trader grants you a limited, revocable, nonexclusive license to access the Services for your own personal use. This license does not include: (a) access to the Services by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Veggie Trader. Veggie Trader permits you to display on your website, or create a hyperlink on your website to, individual postings on the Services so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds ten (10) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Veggie Trader to do so. You may also create a hyperlink to the home page of Veggie Trader sites so long as the link does not portray Veggie Trader, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Services beyond the scope of authorized access granted to you by Veggie Trader immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Services or any Content made available via the Services for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Veggie Trader.
Notwithstanding the foregoing, users may link to their own posts without limit.
PROPRIETARY RIGHTS
S. The Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Veggie Trader. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of Veggie Trader, and agree to abide by any and all copyright notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services. VEGGIE TRADER is a trademark and may not be used without permission.
Although Veggie Trader does not claim ownership of content that its users post, by posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Veggie Trader an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, you automatically grant Veggie Trader all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.
DISCLAIMER OF WARRANTIES
T. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICES AND VEGGIE TRADER SOFTWARE ARE AT YOUR SOLE RISK. THE SERVICES AND VEGGIE TRADER SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VEGGIE TRADER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OWNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. VEGGIE TRADER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OWNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE VEGGIE TRADER SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE VEGGIE TRADER SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VEGGIE TRADER SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE VEGGIE TRADER SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VEGGIE TRADER SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VEGGIE TRADER OR THROUGH OR FROM THE VEGGIE TRADER SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE VEGGIE TRADER SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE VEGGIE TRADER SERVICES. IMMEDIATELY DISCONTINUE USE OF THE VEGGIE TRADER SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE VEGGIE TRADER SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
U. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VEGGIE TRADER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OWNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VEGGIE TRADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE VEGGIE TRADER SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE VEGGIE TRADER SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES.
YOU ALSO AGREE TO HOLD VEGGIE TRADER HARMLESS FOR OTHER USERS’ ACTIONS OR INACTIONS, INCLUDING ANYTHING POSTED BY USERS. YOU ACKNOWLEDGE THAT VEGGIE TRADER IS NOT A TRADITIONAL AUCTIONEER OR FARMERS MARKET AND THAT VEGGIE TRADER IS ONLY PROVIDING A FORUM FOR PEOPLE TO OFFER, SELL, BUY AND TRADE VARIOUS ITEMS AT ANYTIME, FROM ANYWHERE, IN A VARIETY OF PRICING FORMATS. VEGGIE TRADER IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. YOU AGREE THAT VEGGIE TRADER DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL, THE ABILITY OF BUYERS TO PAY, OR THAT A TRANSACTION WILL BE COMPLETED. VEGGIE TRADER DOES NOT TRANSFER LEGAL OWNERSHIP OF ITEMS. UNLESS BUYER AND SELLER AGREE OTHERWISE, BUYER TAKES LEGAL OWNERSHIP UPON PHYSICAL RECEIPT OF THE ITEM.
EXCLUSIONS AND LIMITATIONS
V. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY AND DISCLAIMERS MAY NOT APPLY TO YOU.
PERMITTING AND TAXES
W. Your final purchase, sale, or trade may require permitting through USDA, your individual state, regional, and/or local authorities. Veggie Trader makes no representations or claims regarding any required permits, licenses or regulatory compliance by buyers, traders, or sellers. Each party is responsible for investigating and complying with the regulations that apply to them. Veggie Trader makes no representations or claims regarding any taxes or other fees levied by a government entity on a buyer or seller. Each party is responsible for complying with any tax requirement or other payment requirement of a government entity.
QUARANTINE
X. Due to different quarantine regulations on a state by state basis it is recommended you do not trade with, buy from, or sell to someone outside of your state and/or county. Veggie Trader does not promote and is not responsible for any violation of these quarantine regulations by a seller, trader, or buyer. Veggie Trader does not control sales and/or trades and therefore has no ability to regulate the individuals who utilize this site. Transporting produce, plants, seeds or other products regulated under quarantine regulations is a violation of the law, please conduct yourself accordingly. Furthermore, you agree to investigate quarantine regulations that may be in effect in your area.
PESTICIDES
Y. Veggie Trader makes no representation with regards to any pesticides that may or may not have been used in the growing of these produce. State regulations vary with regards to what pesticides may be used. Veggie Trader does not control sales and/or trades and therefore has no ability to regulate the individuals who utilize this site. Transporting produce, plants, seeds or other products where pesticides have been used may be in violation of the law, please conduct yourself accordingly. Veggie Trader is not responsible for any pesticide that may or may not have been used in connection with any sale or trade.
NO THIRD-PARTY BENEFICIARIES
Z. You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
INDEMNITY
AA. By submitting or posting any Content and/or Submitted Materials you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to any such Content and/or Submitted Materials, we may rely on your representations and warranties contained herein. By using the Services you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to your engaging in any prohibited user conduct, as described herein, we may rely on your representations and warranties contained herein. You agree to defend, indemnify and hold Veggie Trader and its directors, officers, employees, owners and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees and other costs of enforcing the TOU, arising in any way from your use of the Services, your placement or transmission of any message, content, information, software or other materials on or through the Services, or your breach or violation of the law, of your representations and warranties, or of the TOU. Veggie Trader reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Veggie Trader's defense of such claim.
TERMINATION OF SERVICE
BB. You agree that Veggie Trader, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason, including, without limitation, if Veggie Trader believes that you have acted inconsistently with the letter or the spirit of the TOU. Further, you agree that Veggie Trader shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination. Sections D-K, M, O-V, Z, AA, and CC-HH shall survive termination of the TOU.
VIOLATION OF TERMS AND DAMAGES
CC. Please report any violations of the TOU by emailing to:
admin@veggietrader.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Veggie Trader to pursue legal action to enforce these Terms, you will be liable to pay Veggie Trader all court costs, attorney fees and any actual damages, which you accept as reasonable under these TOU. Notwithstanding any other provision of these Terms, Veggie Trader retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
CHOICE OF LAW AND FORUM
DD. You and Veggie Trader each agree that the TOU and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOU, or the relationship between you and Veggie Trader, shall be brought exclusively in the courts located in the county of Nevada, California or the U.S. District Court for the Eastern District of California. You and Veggie Trader agree to submit to the personal jurisdiction of the courts located within the county of Nevada, California or the Eastern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
EE. The failure of Veggie Trader to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
FF. You agree that your Veggie Trader account is non-transferable and any rights to your Veggie Trader ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
GG. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Veggie Trader Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ENTIRE AGREEMENT
HH. The TOU, including the Privacy Policy, constitute the entire agreement between you and Veggie Trader and govern your use of the Services, superceding any prior agreements between you and Veggie Trader. The TOU and the relationship between you and Veggie Trader shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Veggie Trader agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Veggie Trader to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. The section titles in the TOU are for convenience only and have no legal or contractual effect.
Privacy Policy
Veggie Trader has established this privacy policy to explain to you how your information is protected, collected and used. This privacy policy may be updated by Veggie Trader from time to time. Veggie Trader will provide notice of materially significant changes to this privacy policy by posting notice on the Veggie Trader site. This privacy policy is incorporated in the Terms of Use (TOU) of the website available at www.veggietrader.com, and must be read in conjunction with the TOU. Nothing in this privacy policy varies the requirements of the TOU.
1. Your Privacy
We do not share your information with third parties for marketing purposes. We offer email anonymization and relay through our electronic classifieds software from Hagen Software. Account information is password-protected. Maintaining security of your password is your responsibility.
2. Third-party Websites
Veggie Trader, or people who post on Veggie Trader, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor do we have any control over, the privacy policies of those third party websites. Following links that lead to third-party websites occurs at the risk of the user, and may not always be obvious when it occurs. We encourage users to read the privacy policies of each and every website visited.
3. Age Considerations
Veggie Trader does not knowingly collect any information from persons under the age of 18. If Veggie Trader learns that a posting is by a person under the age of 18, Veggie Trader will remove that post. Similarly, if Veggie Trader learns that an account was registered by a person under the age of 18, Veggie Trader will close that account. Postings include listings of offers to deal or trade and other postings such as comments, among other Content provided by users or third-parties accessing the Veggie Trader website.
4. Archiving and Display of Veggie Trader Postings by Third-Party Sites
Search engines and other sites not affiliated with Veggie Trader may archive or otherwise make available Veggie Trader postings.
5. Data Collected
We sometimes collect your email address, for purposes such as administering the website, sending automated and confirmation emails, authenticating user accounts, providing subscription email services, etc.
We sometimes collect your phone number as part of one of your postings (in which you include your phone number).
We sometimes collect other personal information for account registration and authentication purposes, and may post it either as part of one of your postings (in which you include such information) or at your direction.
We may collect personal information if you provide it in feedback or comments, post it on listings, or if you contact us directly. Please do not post any personal information on Veggie Trader that you expect to keep private.
Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the Veggie Trader site, and to otherwise provide our service to you.
6. Data Stored
All classified and forum postings are stored in our database, even after "deletion," and may be archived elsewhere.
Our web logs and other records are stored indefinitely. Our web logs and other records may be deleted at a time of our choosing and at our discretion.
Although we make good faith efforts to store information in a secure operating environment that is not available to the public, we cannot guarantee complete security.
We may store limited amounts of data (cookies) on your computer (or a computer from which you access Veggie Trader) for purposes of facilitating access to or use of Veggie Trader. You have no obligation to allow storage of this data, or to retain this data.
7. International Users
In general, use of Veggie Trader outside of the United States is prohibited for purposes other than viewing Content. By visiting our web site and providing us with data, you acknowledge and agree that we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, such data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data and storage of such data within the United States, and you waive any rights to control or integrity of such data afforded by national laws or international treaties.
8. Release of Information
Veggie Trader may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. Veggie Trader may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of Veggie Trader, its users or the general public.