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Terms of Use Agreement


Description of parties and services

Ourfoodshed.com ("Site") is owned and operated by Foodshed Co., an Oregon Corporation ("Company", "We", "Our", "Us"). Foodshed and its affiliated merchants ("Merchants") endeavor to create an informative and enjoyable Site to learn about and access good, clean food. We are pleased to introduce users ("Users") to the world of culinary exploration, understanding that this Site is a platform for Users to access information and obtain products directly from the affiliated Merchants. This Site should therefore be understood to be an intermediary only in any transaction between the User and our affiliated Merchants.

Your continued use of this Site and its services constitutes your binding acceptance of the Terms of Use Agreement ("Agreement") set forth herein as well as Foodshed's Privacy Policy. The Company reserves the right to modify this Agreement and Foodshed's Privacy Policy at any time. Such modifications will be posted on the Site. You can determine when the Terms of this Agreement were last revised by referring to the effective date indication at the bottom of this page. Your continued use of the Site following such changes will likewise constitute acknowledgment and acceptance of the Agreement. Without limitation, your use of the Site is conditioned upon your compliance with the guidelines set forth in this Agreement. Any failure to comply with the Agreement may result in termination of your access to the Site, without notice, in addition to the Company's other remedies.

User accounts and account responsibility

In order to purchase products through the Site, you must have a registered account. The information collected at registration is directly relevant and necessary to processing your purchases. You will be required to choose a username and password. As a registered User, you are responsible for maintaining the confidentiality and security of your username and password and you agree to accept responsibility for any and all activities that occur under your account.

Copyright policy

The Site consists of written content and digital media (images, data, text, graphics, photographs, audio, video) provided by Foodshed Co. and our participating Merchants, affiliates and Users (together, the "Content"). As a User, you are responsible for the content you post to the Site. You are prohibited from posting content that infringes upon copyrighted or trademarked material without obtaining written permission from the owner of such proprietary rights. It is the Company's policy to terminate a User's access privileges that knowingly breaches such copyright laws, as may be evidenced by the Company's receipt of notification from the copyright owner.

Grant of license

When you post or transmit Content on the Foodshed Site, you grant the Site, Foodshed Co., and our participating Merchants a nonexclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license to use, store, publicly display, reproduce, rearrange, edit, modify, publish, transmit, transfer, distribute and create derivative works of that Content at Foodshed's sole discretion.

Use of content

Much of the Content throughout the Site is copyright and/or trademark protected by Foodshed Co. or other third parties. Content appearing on this Site should not be used, stored, displayed, distributed, reproduced, rearranged, modified, transferred or published for unauthorized commercial use.

Third party services & content

Content, direct links, User links, advertisements, and goods and services contained on the Site often originate from third party providers. The Company does not investigate, monitor, certify, nor is responsible for any opinions, advice, judgments, statements, services, goods, offers, information or materials expressed or made available by such third party providers. Inclusion of any linked Sites, advertisements, advice, judgments, statements, services, goods, offers, information or materials originating from third party providers does not imply approval or endorsement by the Company. You agree to release the Company, its affiliates and partners, and their respective officers, directors, employees, agents and suppliers from all claims, demands and damages (actual and/or consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any communications or disputes between you and any third party provider. When you access these third party Sites, you do so at your own risk.

Our rights

The Company reserves the absolute right to monitor Content on the Site and remove any Content that we find objectionable. It is also our right to suspend, restrict or terminate User access to the Site should Users fail to abide by the Agreement.

Privacy policy

Please refer to the ourfoodshed.com Privacy Policy, which is hereby incorporated into this Agreement.

Content disclaimers

The Company does not guarantee the quality, accuracy or security of Content posted on the Site, nor is the Company responsible for the deletion, misdelivery or failure to store any Content posted on this Site. Furthermore, the Company assumes no responsibility for any lapse in service, technical malfunction, defect, unauthorized access to or alteration of our Site or services. The Company Site and services are provided on an "as is" basis. The Company makes no other representations or warranties of any kind, express, implied or statutory.

Merchandise disclaimers

The Company has no participation in the creation of the products being displayed for sale on the Site. The products are the sole responsibility and creation of the merchants that offer them for sale. In no event shall the Company be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Merchants' goods, even if the Company has been advised of the possibility of such damages.

Limits of liability

FOODSHED'S SITE AND SERVICES ARE SUPPLIED "AS IS", WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED. FOODSHED SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FOODSHED BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANYONE IN CONNECTION WITH THE USE OF THE SITE, FOODSHED'S SERVICES, OR RELATING TO ANY PRODUCTS PURCHASED DIRECTLY FROM MERCHANTS ADVERTISED ON THE SITE, EVEN THOUGH THE ORDERS FOR WHICH MAY HAVE BEEN PROCESSED THROUGH THE SITE AND RELAYED TO THE RESPECTIVE MERCHANT(S).

Indemnity

By using this Site and its services you agree to indemnify, and hold Foodshed, its participating Merchants, its affiliates and their respective officers, directors, employees, agents and suppliers harmless from and against any and all liability, losses, claims and demands (including attorneys' fees and costs) incurred by Foodshed as a result of your use of the Site. You also agree to take sole responsibility for any royalties, fees or compensation otherwise determined to be owed to any person by reason of Content you post on the Site.

Choice of law, jurisdiction and survival

This Agreement shall be interpreted and construed under the laws of the State of Oregon and jurisdiction of any disputes arising under this Agreement shall be vested in the courts of Washington County, Oregon. In the event any provision of this agreement shall be found to be unenforceable, all remaining provisions shall remain in full force and effect.

Effective May 14, 2010

 

 

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