Terms of use

 

About FarmAny

 

FarmAny is a marketplace that allows users to sell, buy, and request just about anything related to agriculture in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. FarmAny is not a traditional auctioneer. 

While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, FarmAny 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 FarmAny

 

In connection with using or accessing FarmAny services you will not:

·         post, list or upload content or items in inappropriate categories or areas on our sites;

·         breach or circumvent any laws, third-party rights or our systems, 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 20 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;

·         fail to pay for items purchased by you, unless you have a valid reason as set out in an FarmAny policy, for example, the seller has materially changed the item's description after you buy, a clear typographical error is made, or you cannot contact the seller;

·         fail to deliver items sold by you, unless you have a valid reason as set out in an FarmAny policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;

·         manipulate the price of any item or interfere with any other user's listings;

·         post false, inaccurate, misleading, deceptive, defamatory, or libelous content;

·         take any action that may undermine the feedback or ratings systems;

·         transfer your FarmAny account (including Feedback) and user ID to another party without our consent;

·         distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

·         distribute viruses or any other technologies that may harm FarmAny 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 FarmAny;

·         interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

·         export or re-export any FarmAny application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

·         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 FarmAny;

·         infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;

·         commercialize any FarmAny application or any information or software associated with such application, except with the prior express permission of FarmAny;

·         harvest or otherwise collect information about users without their consent; or

·         circumvent any technical measures we use to provide the Services.

FarmAny expects sellers to consistently provide service that results in a high level of buyer satisfaction. This includes setting and meeting buyer expectations by providing excellent customer service from beginning to end. Failure to meet the standard may result in FarmAny limiting, restricting, suspending, or downgrading your seller account.

As a seller, you're expected to:

·         Promptly resolve customer issues.

·         Handle items on time.

·         Manage inventory.

·         Charge reasonable costs in case of shipping and handling items.

·         Specify shipping costs and handling time in the listing.

·         Respond to buyers' questions promptly.

·         Be helpful, friendly, and professional throughout a transaction.

·         Make sure the item is delivered to the buyer as described in the listing.

If we believe you are abusing FarmAny 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, 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 long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

 

Policy Enforcement

 

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.

 

Fees

 

The fees we charge for using our Services are listed on our Service Fees page. We may change our service fees from time to time by posting the changes on the FarmAny site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

 

Listing Conditions

 

When listing an item, you agree to comply that:

·         You are responsible for the accuracy and content of the listing and item offered.

·         FarmAny can't guarantee exact listing durations.

·         Content that violates any of FarmAny's policies may be deleted at FarmAny's discretion.

·         We may revise data in the FarmAny product catalog to supplement, remove, or correct information; if your listing uses catalog data that has been revised, those revisions may modify your listing accordingly.

·         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:

o   buyer's location, search query, browsing site, and history;

o   item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

o   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.

·         Some advanced listing upgrades will only be visible on certain Services.

·         We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.

 

Purchase Conditions

 

When buying an item, you agree to the rules for buyers and that:

·         You are responsible for reading the full item listing before commitment to buy.

·         You enter into a legally binding contract to purchase an item when you commit to buy an item, or your offer for an item is accepted.

 

Content

 

When providing content using the 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 (as defined above) you have in that content in connection with our provision, expansion, and promotion of the 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 against FarmAny, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content.

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 Agreement. 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 Agreement, does not and will not infringe any Intellectual Property Rights of any third party. FarmAny takes no responsibility and assumes no liability for any content provided by you or any third party.

We may offer catalogs including, for example, product images, descriptions and specifications that are provided by third parties (including FarmAny users). You may use catalog content solely in your FarmAny listings. The permission to use catalog content is subject to modification or revocation at any time at FarmAny's sole discretion.

While we try to offer reliable data, we cannot promise that the catalogs or other content provided through the Services will always be available, accurate, complete, and up-to-date. As a buyer, you agree that FarmAny is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies. As a seller, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold our catalog providers or us responsible for inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogs and not to create any derivative works based on catalog content (other than by including them in your listings).

Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

You authorize us to use automated tools to translate your FarmAny content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

 

Privacy of Others; Marketing

 

If FarmAny provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

 

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.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, 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:

·         your use of or your inability to use our Services;

·         pricing, shipping, format, or other guidance provided by FarmAny;

·         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 FarmAny Service;

·         the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

·         a suspension or other action taken with respect to your account or breach of the Abusing FarmAny Section above;

·         the duration or manner in which your listings appear in search results as set out in the Listing Conditions 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 policies.

 

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 will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of FarmAny's Services or your breach of any law or the rights of a third party.

 

Legal Disputes

 

You and FarmAny agree that any claim or dispute at law or equity that has arisen, or may arise, between you and FarmAny (including any claim or dispute between you and a third-party agent of FarmAny) that relates in any way to or arises out of this or previous versions of the FarmAny Terms of use, your use of or access to the Services, the actions of FarmAny or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

 

A. Applicable Law

 

You agree that the laws of Japan without regard to principles of conflict of laws, will govern the Terms of use and any claim or dispute that has arisen or may arise between you and FarmAny, except as otherwise stated in the Terms of use.

 

B. Agreement to Arbitrate

 

You and FarmAny each agree that any and all disputes or claims that have arisen, or may arise, between you and FarmAny (including any disputes or claims between you and a third-party agent of FarmAny) that relate in any way to or arise out of this or previous versions of the Terms of use, your use of or access to FarmAny's Services, the actions of FarmAny or its agents, or any products or services sold, offered, or purchased through FarmAny's Services shall be resolved exclusively through final and binding arbitration, rather than in court.

1.       Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND FARMANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND FARMANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and FarmAny's right to appeal the court's decision. All other claims will be arbitrated.

2.       Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Terms of use as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.

3.       Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the Terms of use to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against FarmAny prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and FarmAny.

 

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the FarmAny site.

 

©FarmAny, Inc.

Terms of use