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USER AGREEMENT

Introduction

We are Farmish, a Michigan corporation called Farmish Inc., located at 40 Pearl St NW Suite 200, Grand Rapids 49503, referred to as “Farmish,” “we,” “us” or “our.” We provide a website, www.getfarmish.com, (referred to as the “Site”), as well as a mobile application (referred to as the “App”), more fully described below, and offer various services to buyers, sellers, and users of our Site and App (“Services”). When you visit our Site or use our App as a buyer, seller, browser, or in any capacity, you agree to be bound by the last amended version of this user agreement (“User Agreement”) and all of our other terms and conditions and policies, some of which are identified below or hyperlinked within this User Agreement or otherwise available on our Site or App (together, referred to as our “Terms”). For sake of clarity, we use the term “you” interchangeably for all users, buyers, or sellers, whether you buy or sell anything with our Site or application, or browse the site, regardless of intent. 

Below is a list and overview of our Terms: 

Prohibited and Restricted Items Policy

Restricted Content Policy

Behavior Policy

Privacy Policy

By visiting or using this Site or the App, you agree that you will be bound by the most recent version of our Terms. Our Terms will be updated from time to time and any changes will apply prospectively. You are advised to check our Terms for updates or changes that may impact you. Please review all of our Terms carefully. 

IF YOU DO NOT AGREE WITH ANY OF OUR TERMS, YOU SHOULD NOT ACCESS OR USE THE SITE OR APPLICATION, NOR ANY OF OUR SERVICES.

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below).

About Farmish

Farmish is a marketplace that allows users to offer, sell, and buy goods and services within the following categories: homegrown produce, animal products, plants/trees, and garden supplies to and from various geographic locations via the Farmish App (hereafter referred to as “products,” “goods,” or “items”). Through the App, buyers search for goods by keyword or location and message the seller to arrange the transaction. Farmish is not a party to any transaction or contract, whether written or oral, for the sale of items or services when a user uses Famish Services, whether the Site or App. All transactions between sellers and buyers occur outside Farmish’s Site or App.

Any guidance Farmish provides as part of our Services, such as pricing, shipping, listing, sourcing, and regulatory/compliance resources are solely informational, and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, Farmish has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Using Farmish

In connection with using or accessing our Services you agree to comply with this User Agreement, our Terms, and all applicable laws, rules, and regulations, and you will not:

  • breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
  • manipulate the price of any item or interfere with any other user’s listings;
  • transfer your Farmish account and user ID to another party without our consent;
  • share your log in credentials with any third parties;
  • create listings, post, or upload content in inappropriate categories or areas on our sites;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Farmish or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Farmish;
  • circumvent any technical measures used to provide our Services.
  • interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Farmish application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Farmish. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Farmish or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
  • commercialize any Farmish application or any information, data or software associated with such application, except with the prior express permission of Farmish; or
  • harvest or otherwise collect or use information about users without their consent.

Sellers must comply with our Selling Policies and buyers with our Buying Policies, see below. Failure to meet these standards may result in Farmish limiting, restricting, suspending, or downgrading your account. See Policy Enforcement, below.

Using Farmish’s App

If you’re accessing Farmish from a mobile device using the App, Farmish grants you the right to use the App only for your personal use. You must comply with all applicable laws and third-party agreements (e.g. your wireless data service agreement) when using the App, which may not contain the same functionality available on Farmish websites.

Farmish owns, or is the licensee to, all right, title, and interest in and to its Apps, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any App and you will not remove, obscure, or alter Farmish’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Farmish App. See the “Content” section of this User Agreement for more information.

Apps or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) any country subject to United States embargo; (b) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by U.S. export laws. When using an App, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and you are not listed on any U.S. government list of prohibited or restricted parties).

Your Account with Farmish

You’ll need to create an account with Farmish to use some of our Services. Here are a few rules about accounts with Farmish:

  • You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Farmish or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor’s access to material online. For more information, see Farmish’s Minors Policy.
  • Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
  • Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
  • You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
  • Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. Here’s a Help article on how to make your account more secure.
  • These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Farmish.

Respecting other Users’ Privacy

In using Farmish Services, sellers may need to process other users’ personal information (for example, buyer name, email address, and shipping address) and are therefore, sellers are considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Farmish, will be responsible for that unauthorized disclosure.  

If, however, Farmish and sellers are found to be joint data controllers of buyers’ personal information, and if Farmish is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Farmish for the expenses it occurs in connection with your processing of buyer personal information. 

Termination

We’d hate to see you go, but you may terminate your account with Farmish at any time from your account settings. Terminating your account will not immediately affect the availability of some of your content or listings that you posted through the Services prior to termination. 

 

We may terminate or suspend your account (and any accounts Farmish determines are related to your account) and your access to the Services should we have reason to believe you, your content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our Site or App. Generally, Farmish will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

 

If you or Farmish terminate your account, you may lose any information associated with your account, including content and listings.

 

Farmish reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Farmish’s policies under this User Agreement or other Terms. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

 

All Terms remain in effect during the use of the Site, App, or Services. Some Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends, see under “General” of this User Agreement.

Policy Enforcement

FARMISH MAY REGULATE ACCESS TO OUR SERVICES IN OUR SOLE DISCRETION BY BLOCKING, FILTERING, RE-CATEGORIZING, RE-RANKING, DELETING, DELAYING, HOLDING, OMITTING, VERIFYING, OR TERMINATING YOUR ACCESS, LISTING, OR ACCOUNT. YOU AGREE THAT YOU MAY NOT BYPASS ANY SUCH REGULATION. 

FARMISH IS NOT LIABLE FOR REGULATING OR NOT REGULATING OUR SERVICES. NOTHING WE SAY OR DO WAIVES OUR RIGHT TO REGULATE OR NOT.

If we believe you are abusing Farmish and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

Farmish is not obligated, but reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for our benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Farmish’s sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, this Agreement, or is otherwise deemed harm the Service, we may immediately shut down your access to the Service. In the event of any unlawful activity (real or perceived), we may also elect to notify appropriate governing officials or agencies to pursue action. You agree to waive any cause of action or claim you may have against Farmish for such action, including but not limited to any disruption to your business. You acknowledge that Farmish may, at its own discretion, reveal the information about your web server to alleged copyright holders or other complaints who have filed bona-fide complaints with us.

Fees and Taxes

We do not charge fees to buyers or sellers for the use of our Services. 

All sales terms and payment are finalized and made outside of Farmish. 

Farmish does not store any payment method for buyers or sellers on file. Buyers and sellers are responsible for payment of all fees and applicable taxes associated with the use of our Services. 

Each seller agrees and accepts that it is EXCLUSIVELY LIABLE for the collection and payment of any and all taxes and fees (as applicable) for any goods, products, or items sold through use of our Services. The seller hereby agrees and accepts that liability to collect taxes, apply the correct rates, and remit payments to all respective taxing authorities, rests SOLELY AND EXCLUSIVELY WITH THE SELLER. The use of any third-party service to facilitate the collection of taxes and/or integrated to the Services are used by the seller at its own volition and is subject to third-party terms and conditions of such service provider.

Each buyer and seller also acknowledges and agrees to comply with all federal, state and local laws regulating commerce, expressly including any prohibitions on the use of commerce to facilitate the sale or trade of any illegal or federally regulated products/goods/items, substances or activities. Failure of the buyer or seller to comply with the foregoing terms with respect to utilizing the Services for any unlawful activities, including any regulated or controlled substances, may result in the IMMEDIATE SUSPENSION AND CESSATION OF THE SERVICES.

Listing Policy

When listing an item for sale on our Services, you agree to comply with all of Farmish’s Terms, Prohibited and Restricted Items Policy Restricted Content Policy , and the Selling Policy withing this User Agreement. 

Further, you agree that:

  • The content within your listing must comply with all of our listing policies. Some products/goods/items, due to legal restrictions or local/state/federal laws, are not allowed to be listed or can only be listed under certain circumstances. You are solely responsible for any liability associated with listings that violate any legal restrictions or local/state/federal laws. If you are unsure whether your item is allowed, please review our Prohibited and Restricted Items Policy , as well as your local/state/federal laws and regulations.
  • You assume full responsibility for the item offered and the accuracy and content of the listing.
  • Your listings should be accurate and descriptive of what is being sold. 
  • The listing should comply with all relevant regulations, including but not limited to regulations with regard to animal or food inputs, packaging, labeling, or disclosure requirements.
  • You will create your own listing with your own images, text, and/or videos. Any content contained within your listing must not and will not infringe on third-party rights. 
  • Unless you have explicit written permission from the respective rights owners, you shall not and will not use third-party content, even if such content is publicly available. For the purposes of this section, third-party content includes but is not limited to: images, videos, or text copied from websites or internet searches; information from product packaging (i.e. weight, or other item specifications that are necessary to describe the item are allowed, however, any other text from product packaging is not); scans or text copied from catalogs or advertisements; poor-quality videos or images that are blurry, undefined or distorted. COPYING ANY CONTENT FROM A THIRD-PARTY SITE OR SEARCH ENGINE MAY BE CONSIDERED COPYRIGHT OR TRADEMARK INFRINGEMENT, for which you will be solely liable.
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). 
  • Farmish can’t guarantee exact listing duration.
  • Your listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell, or the listing is ended by you or Farmish, in its sole discretion.
  • We may revise product data associated with listings to supplement, remove, or correct information.
  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to: 
    • buyer’s location, search query, browsing site, and history;
    • item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    • seller’s history, including listing practices;
    • seller’s compliance with Farmish policies;
    • feedback available about seller; and
    • number of listings matching the buyer’s query,
  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
  • Duplication of the same listing may also affect whether your listing appears in search results.
  • Metatags and URL links that are included in a listing may be removed or altered.
  • You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. Farmish has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is restricted or subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell using our Services.
  • Farmish may publish and promote your listings, including related content such as username, product reviews and feedback on the Site or App. 

The use of our Services does not grant any exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including your listing, in our sole discretion and without consent from, or payment or other credit to, sellers.

Farmish may regulate listings at any time and for any reason, at its sole discretion. Violation of the above could result in a range of actions, including the following examples: administratively ending or canceling listings, hiding or demoting all listings from search results, lowering seller rating, buying or selling restrictions, and account suspension.

Selling Policy 

By listing and selling on our Site or App or otherwise using our Services, you agree to the following while operating as a seller:

  • You set your own price, including any shipping or delivery fees. You agree and accept that the prices given in your listing will be honored.
  • You agree to sell products/goods/items that are of the standard described in your listing. You may not misrepresent any products/goods/items for sale.
  • You agree to comply with any and all refund terms supplied in your listing.
  • You are solely responsible for the accuracy of your listing description and all applicable legal and regulatory disclosure requirements that pertain to your product. 

Further, you agree that unless otherwise expressly provided, Farmish has no control over and does not guarantee: the ability of buyers to pay for items or that a buyer will actually complete a transaction or return an item.

Buying Policy

When buying an item using our Services, you agree to the following:

  • You may not misuse feedback, returns, or payment dispute processes.
  • You are responsible for reading the full item listing before making any purchase.
  • You enter into a legally binding contract to purchase an item when you buy an item or if your offer for an item is accepted.
  • For motor vehicles, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.
  • We do not transfer legal ownership of items from the seller to you.
  • The Michigan Uniform Commercial Code (Michigan Public Act 174 of 1962) and federal Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

Further, you agree that unless otherwise expressly provided, Farmish has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; or that a seller will actually complete a transaction or return an item.

Content

When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Farmish, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement and our Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Farmish takes no responsibility and assumes no liability for any content provided by you or any third party.

You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

You agree that Farmish is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

The name “Farmish” and other Farmish marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Farmish in the U.S. and other countries. They may not be used without the express written prior permission of Farmish.

Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Farmish works to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. 

If you believe that your intellectual property rights have been infringed, please provide us with  the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the copyrighted work you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (3) a description of the material that you claim is infringing and where that material be accessed on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. 

Please send this information to:

40 Pearl St NW Suite 200, Grand Rapids, MI 40507

OR submit online via

getfarmish.com

Please note that under Section 512(f) of the Digital Millennium Copyright Act (“DMCA”), any person who knowingly materially misrepresents that material is infringing may be subject to liability.  If you are unsure whether material on the Site is infringing, we suggest that you contact an attorney prior to sending notice.

Authorization to Contact You; Recording Calls; Analyzing Message Content

Farmish may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. 

Our collection, use, disclosure, retention, and protection of your personal information is governed by our Identity of User Policy and Privacy Policy [links]

Farmish may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Farmish or its agents for quality control and training purposes, or for its own protection.

Farmish’s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Farmish’s User Agreement, including the incorporated terms, notices, rules, and policies. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Farmish may store message contents, 

If Farmish provides you with information about another user, through its App or the use of its Services, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user’s information to a third party for purposes unrelated to our Services. 

Additional Terms

Returns and cancellations 

All terms related to the sale, payment for items, or return/refund of items is between seller and buyer. Farmish is not a party to any of those terms or contracts for sale between buyers and sellers. 

Sellers may remove or customize their return preferences in their account settings within Farmish. 

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Notification functionality in the App or Site may not occur in real time. Such functionality is subject to delays beyond Farmish’s control.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SITES AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITES OR SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

WE ARE SOLELY A PASSIVE CONDUIT TO PROVIDE CONTENT AND TO FACILITATE COMMUNICATIONS BETWEEN A BUYER AND A SELLER, AND IN NO EVENT DO WE SELL ANY LISTED ITEM(S). 

WE MAKE NO WARRANTY THAT THE LISTED ITEM(S) WILL PROPERLY FUNCTION OR OPERATE WHEN YOU RECEIVE THEM, NOR THAT THEY WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER YOU RECEIVE THEM. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR ANY PRODUCTS OR SERVICES OR FOR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR SITES, SERVICES OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY ISSUES THEREWITH. 

WE MAKE NO WARRANTY OF ANY KIND REGARDING THE TITLE, WEIGHT, SIZE, COLOR, TYPE, NUMBER, QUALITY, STORAGE, CARE, FEEDING, VERIFICATION, CERTIFICATION, BRANDING, CONDITION, SEX, SOUNDNESS, SAFETY, HEALTH, NUTRITION OR NUTRITIONAL VALUE, BEHAVIOR, PERSONALITY, MENTAL HEALTH, MENTAL CONDITION OR SOUNDNESS, PHYSICAL APPEARANCE, ABILITY, AGE, PEDIGREE, AUTHENTICITY OF PEDIGREES, BLOODLINES, BREED REGISTRATION OR QUALIFICATION FOR BREED REGISTRATION, PHYSICAL PERFORMANCE AND ABILITY, BEHAVIORAL PERFORMANCE AND WILLINGNESS TO PERFORM, GENETIC PERFORMANCE, TRAINING, BREEDING ABILITY AND STATUS, SHOWING ABLITY, RACING ABILITY, JUMPING ABILITY, RIENING AND CUTTING ABILITY, DRESSAGE ABILITY, RANCHING AND HERDING ABILITY, AND FERTILITY OF ANY LISTED ITEM(S).

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OUR SITE OR SERVICES, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE ACCURATE, COMPLETE, UP-TO-DATE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SITE OR SERVERS THAT MAKE SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM OUR SITE AND SERVICES IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR CONTENT TO US AND BY POSTING INFORMATION ON OUR SITES OR SERVICES, INCLUDING LISTED ITEM(S), NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY LISTED ITEM(S) TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF OUR SITES OR SERVICES. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, LISTED ITEM(S) OR THE TRUTH OR ACCURACY OF ANY LISTED ITEM(S) OR OTHER CONTENT PROVIDED ON OUR SITE AND SERVICES. 

In addition, to the extent permitted by applicable law, in no event will Farmish (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Farmish was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • Food borne illness;
  • Procurement of substitute goods or services;
  • the content you provide (directly or indirectly) using our Services;
  • your use of or your inability to use our Services;
  • loss of use, data, or profits;
  • pricing, shipping, format, or other guidance provided by Farmish, if applicable;
  • accuracy of or enforcement by Farmish of any regulatory, compliance, or other guidance provided by Farmish; these resources and guidance are provided as-is and should not be considered legal advice;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any Farmish Service;
  • the content, actions, or inactions of third parties, including products/goods/items listed using our Services or the destruction of allegedly fake products/goods/items;
  • a suspension or other action taken with respect to your account or breach of the Using Farmish Section above;
  • the duration or manner in which your listings appear in search results as set out in the Listing Policy Section above; or
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our Terms.

THE ABOVE LIMITATION APPLIES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SITE, THE FARMISH SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to $100.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You agree to indemnify and hold Farmish, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Service or any third party services made available through Farmish, your connection to the Service, your violation of the Terms, your obligations to collect and/or pay taxes (as applicable) in any jurisdiction, your obligations to pay all payment processing and transaction fees (including any refunds, credits, promotional discounts, or any cancelled orders), your obligations to comply with any food handling, distribution, delivery requirements, your obligations to comply with any packaging, labeling, or disclosure requirements, your obligations to comply with any and all other applicable regulatory requirements, any and all asserted claims by any person of a death, illness or other malady allegedly due to the purchase or consumption of your products/goods/items, or your violation of any rights of another.

Compliance with all Laws

Each buyer, seller, or user acknowledges and agrees that it is responsible to ensure that the use of Farmish Services is permitted under the laws of its jurisdiction to facilitate the direct sales of its products/goods/items. You agree that you are responsible for, and agree to abide by, all local, state, federal and international laws, rules and regulations applicable to your use of our App, Site, and Services, and any other tools, services or products offered and any transaction you may enter into with other users in connection with using our App, Site, and Services. You agree to indemnify and hold Farmish harmless if your use of the Service is in violation of any law (federal, state or local). Where required by law, you agree to post all disclosures required by law with respect to your given products/goods/items. You agree to indemnify and defend Farmish from and against any and all claims stemming from your failure to comply with all laws, including the collection and payment of taxes, or your failure or refusal to abide by the Terms and provisions of any applicable disclosure obligations or privacy policies.

Listed Items may be subject to EXPORT AND IMPORT PROHIBITIONS, RESTRICTIONS OR COSTS. You are solely responsible for identifying and complying with any applicable export/import laws, rules, regulations, licensing, and/or Customs requirements associated with your listed items and any transaction you may enter into with other users. If a listed item is seized or destroyed by any governmental Customs agency or returned, we will not be responsible for the losses, the listed item, or shipping refunds.

LIVESTOCK, POULTRY, AND OTHER ANIMALS: LISTED ITEMS MAY BE SUBJECT TO LOCAL, STATE, FEDERAL, AND INTERNATIONAL LAWS, STATUTES, ORDINANCES, RULES, REGULATIONS, LICENSING REQUIREMENTS/LAWS, REPORTING REQUIREMENTS/LAWS, BONDING REQUIREMENTS/LAWS, IMPORT/EXPORT LAWS, CUSTOMS REQUIREMENTS/LAWS, HEALTH REQUIREMENTS/LAWS, CERTIFICATION REQUIREMENTS/LAWS, NUTRITION REQUIREMENTS/LAWS, CHECKOFF FEE REQUIREMENTS/LAWS, PRODUCTION REQUIREMENTS/LAWS, AND ANIMAL VACCINATION REQUIREMENTS/LAWS APPLICABLE TO THE BUYING AND SELLING, ADVERTISING, LABELING, HEALTH, SAFETY, CARE, PRODUCTION, FEEDING, WATERING, HANDLING, HOLDING, TRANSPORT, SHIPPING, DELIVERY, RECEIPT AND IMPORT/EXPORT OF LIVESTOCK, POULTRY, AND OTHER ANIMALS INCLUDING BUT NOT LIMITED TO CATTLE, BISON, HORSES, MULES, ASSES, BURROS, SHEEP, SWINE, HOGS, GOATS, CHICKENS, TURKEYS, DUCKS, GEESE OR ANY OTHER KINDS OF BOVINE OR EQUINE SPECIES OR ANY OTHER TYPES OF DOMESTIC FOWL OR POULTRY OR ANY OTHER TYPES OF SPECIALTY OR ALTERNATIVE LIVESTOCK. 

Users are solely responsible for identifying and complying with any local, state, federal, and international laws, statutes, ordinances, rules, regulations, licensing requirements/laws, reporting requirements/laws, bonding requirements/laws, import/export laws, customs requirements/laws, health requirements/laws, certification requirements/laws, nutrition requirements/laws, checkoff fee requirements/laws, production requirement/laws, and animal vaccination requirements/laws applicable to the buying and selling, advertising, labeling, health, safety, care, production, feeding, watering, handling, holding, transport, shipping, delivery, receipt, and import/export of livestock, poultry, or any other animals. You are solely responsible for any transaction that you may enter into with other users involving livestock, poultry, or any other animals. 

Farmish will not be responsible for the health, care, feeding, watering, handling, holding, transport, shipping, delivery, receipt, import/export, loss, or injury of livestock, poultry, or any other animals. If an item is seized or destroyed by any governmental agency or returned, Farmish will not be responsible for the losses, the item, or shipping refunds.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND FARMISH HAVE AGAINST EACH OTHER ARE RESOLVED.

In this Legal Disputes Section, the term “related third parties” includes your and Farmish’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Farmish’s, and these entities’ respective employees and agents.

You and Farmish agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Farmish (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Farmish or its agents, or any products/goods/items or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Michigan, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Farmish, except as otherwise stated in this User Agreement.

Judicial Forum for Legal Disputes

All claims or disputes will be resolved exclusively by a state or federal court located in Kent County, Michigan. You and Farmish agree to submit to the personal jurisdiction of the courts located within Kent County, Michigan for the purpose of litigating all such claims, disputes, or matters.

General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice.

Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on getfarmish.com and/or the App. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except by a Farmish representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

Without limiting Farmish’s ability to refuse, modify, or terminate all or part of our Services, Farmish may also terminate this User Agreement with anyone at any time for any reason, at our sole discretion, without advance notice.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Farmish Site or App.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Farmish and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees and Taxes, Content, Payment Services, Additional Terms, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.