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CommunityFood.com Terms and Conditions of User Agreement
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH VCATTLE, INC. AND COMMUNITYFOOD.COM OFFER YOU ACCESS TO OUR SERVICES.
vCattle, Inc. and CommunityFood.com welcome you to the Terms and Conditions of our User Agreement. These are the terms and conditions applicable to your use of our services at CommunityFood.com. These terms regulate the legal relationship between you and us. If you have any questions about our User Agreement, please contact support@communityfood.com.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 14 days after they are initially posted on our site. These Terms and Conditions shall not otherwise be altered, modified or varied unless expressly agreed in writing by all parties.
User Eligibility
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.
General Terms
The information contained on this website is not intended to be used by anyone less than 18 years of age and we are not prepared to contract with anyone under that age.
These terms regulate the legal relationship between you and us. These Terms and Conditions shall not be altered, modified or varied unless expressly agreed in writing by both parties.
The information on our website does not constitute a formal offer to sell goods to you. Your order is an offer to buy goods from us. Automatic confirmation of receipt of your order does not constitute a contract between us.
The prices quoted may be subject to revision by us in the event of any increases imposed by the manufacturer before the date of dispatch of goods to you. We also reserve the right to amend the price in any sale before dispatch arising where a pricing error has occurred either in your favor or ours. In these cases we will contact you to notify you of the variation and you have the right either to proceed at the amended price or to cancel the order.
The price of goods includes all packaging, insurance and administrative charges and does include delivery charges within the continental U.S. In other parts of the country outside of the continental U.S. or worldwide there will be shipping charges in addition to the price and will be charged according to the size and weight of items sold and their destination.
Acceptance of an Order
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. vCattle, Inc. and CommunityFood.com reserve the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Prior to the acceptance of any order verification of information may be required.
Your User Information
"Your User Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any e-mail feature. You are solely responsible for Your User Information, and we act as a passive conduit for your online distribution and publication of Your User Information.
With respect to Your User Information:
Your User Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
vCattle, Inc. and CommunityFood.com.com will only use Your User Information in accordance with our Privacy Policy. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your User Information, in any media now known or not currently known, with respect to Your User Information, solely to enable vCattle, Inc. and CommunityFood.com to use the information you supply us with, so that we are not violating any rights you might have in that information.
Third Party Content Disclaimer
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by vCattle, Inc. or Community Food.com. vCattle, Inc. and Community Food do not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by vCattle, Inc. or Community Food.com.
Links to Third Party Sites
This Website may be linked to other websites which are not under the control of and are not maintained by vCattle, Inc. or Community Food.com. vCattle, Inc. and Community Food are not responsible for the content of those sites. vCattle, Inc. and Community Food are providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by vCattle, Inc. or Community Food.com of those sites.
Breach
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
Privacy
Our information practices as stated in our current Privacy Policy are available.
Fraud
It is a violation of law to make purchases in a false name or with an invalid credit card, even if our software initially accepts such a request. Please be aware that even if you do not give us your real name, your Web browser transmits a variety of information to us, including a unique internet address which can be used by law enforcement officials to uniquely identify you. Note: submitting a false bid or purchase request puts you at substantial personal legal risk. Fraudulent customers will be prosecuted to the fullest extent of the law. Currently, both the Federal Bureau of Investigation (FBI) and the U.S. Secret Service are responsible for investigating all Internet fraud cases. U.S. Postal Inspectors may become involved if U.S. Mail service is utilized at any point. Further, vCattle, Inc. and CommunityFood.com reserve the right to take legal action against any individual or business believed to be involved in fraudulent or malicious activity against or using our service.
No Warranty
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability Limit
IN NO WAY SHALL vCATTLE, INC., COMMUNITYFOOD.COM OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF vCATTLE, INC. AND COMMUNITYFOOD.COM. HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
No Agency
You, vCattle, Inc. and CommunityFood.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You may however enter a CommunityFood.com partner program which alters this.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to vCattle, Inc., and CommunityFood.com , Attn: Legal vCattle, Inc. and CommunityFood.com, P. O. Box 88, Helena, MT 59624 (in the case of vCattle, Inc., and CommunityFood.com) or to the e-mail address you provide during the registration process (in your case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to vCattle, Inc., and CommunityFood.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Montana, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you, vCattle, Inc. or CommunityFood.com may seek any interim or preliminary relief from a court of competent jurisdiction in Montana necessary to protect the rights or property of you, vCattle, Inc. or CommunityFood.com pending the completion of arbitration.
General
This Agreement shall be governed in all respects by the laws of the State of Montana as such laws are applied to agreements entered into and to be performed entirely within Montana between Montana residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Copyright (c)2007 CommunityFood.com and CommunityFood.com All Rights Reserved.
Designated trademarks and brands are the property of their respective owners.
Use of this Web site constitutes acceptance of the vCattle, Inc. and CommunityFood.com User Agreement, Terms and Conditions, and Privacy Policy. |
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