Terms of Use

Fastest growing farmer to farmer exchange. Thousands of visits daily!

Welcome to Everythingfarm.com (the “Website”).  Use and access of the Website is subject to these terms and conditions of use (the “Terms”) as well as our Privacy Policy.  By accessing, viewing or otherwise using the Website you are agreeing to the Terms.  Please read these Terms carefully.

1               Overview. 

The Website is owned by and under the control of [Everythingfarm.com] “Company”).  Access to and use of the Website and all of the Website’s content, services, materials, information, databases and systems are subject to these Terms and all applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice.  From time to time, Company may without advance notice: (a) supplement or make changes to these Terms and other rules or access and use procedures, documentation, security procedures and standards for equipment, (b) change the type and location of Company’s system equipment, facilities or software, or (c) modify or withdraw any particular service or product referred to in the Website.  Any updates to these Terms shall be posted on the Website.  You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes.  Company reserves the right to terminate access to the Website or take other actions it reasonably believes necessary to comply with the law or to protect its rights or those of its customers. Any access or attempt to access or use the Website for any unauthorized or illegal purpose is strictly prohibited.

2               Everythingfarm.com is a Venue.

Venue:  The Website is a venue that permits our users to display, offer, buy and sell livestock and farm and agriculture equipment (each an “Item”) in accordance with our terms of use.  The Website is merely a facilitator between a buyer and seller.  Company does not own or otherwise have possession of the Items offered for sale and it is not responsible for the transfer of title or possession of any such Items.  Further, Company does not have any control over any aspect of the Items listed, their quality or legitimacy or the ability of the sellers to sell and deliver the Items or the payment for such Items by the buyers. Company does not guarantee that any buyer or seller will complete a transaction.

Users not Known: The users of the Website are not known to Company other than the information provided by a user upon registering with us and thus we do not know, and cannot guarantee, the true identity or any other personally identifiable information of any of our users.

Diligence: You acknowledge and agree that the Website is a venue and as such is not responsible or liable for any content posted by our users, including, you, or any of the Items purchased or sold through the Website.  If you have any reason to believe that an Item is not truthfully represented or if you have any doubt of the legitimacy of the buyer or seller in any transaction, you are advised to conduct sufficient diligence to your satisfaction before proceeding with any transaction.  Your access and use of the Website and your participation in any transaction to buy or sell Items through the Website is at your risk. 

3               Eligibility.

Registration:  By registering on the Website you represent and warrant that all registration information you provide is truthful, accurate and complete.  You may not register or otherwise select or use a User ID of another person with the intent of impersonating that person or which would otherwise cause confusion of the users of the Website.  You must keep your account information current and accurate at all times, including a valid email address. To sell Items on the Website you must provide and maintain valid payment information.  We reserve the right, in our sole discretion, to suspend, cancel unconfirmed or inactive accounts and to refuse service to anyone, for any reason, at any time.  Company may, in its sole discretion, change its eligibility criteria at any time.

Passwords:  You are responsible for all activity undertaken under your username and password.  Company is not liable for any loss or damage arising from any unauthorized activity under your account.  You must keep your password secure and are advised to change it from time to time.  You agree to immediately notify Company of any unauthorized use of your account. 

Transfer: You may not sell, assign or otherwise transfer your Website account or User ID to any other party.  If you are registering as a business or other legal entity (and not as an individual person), you personally guarantee that you have the authority to bind the entity to these Terms.

4               Usage Policy.

Without our prior written consent, which consent may be given or withheld in our sole discretion, you may not:

  • resell, sublicense, rent, lease or otherwise publicly distribute any Company information, services or database, or any part or parts thereof or information contained on the Website, or any access thereto;
  • use the Website in violation of any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity;
  • modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of the Website of the Company’s databases or system, or the selection, coordination or arrangement of products or services in any Company database.  You may not copy or adapt the HTML or other code that we use to generate the pages on the Website; or
  • use the Website to direct users to other online venues to purchase the same Items as listed on the Website, including posting any information sufficient to locate an Item elsewhere.

Further, you are solely responsible for your conduct and activities on the Website and any and all content that you submit, post, and display on the Website.  While using the Website, you will not:

  • ·       violate any laws, third party rights or our policies, such as these Terms or the Privacy Policy;
  • ·       interfere with other users' listings;
  • ·       post for sale any Item that may not legally be sold;
  • ·       circumvent or manipulate our Fee Schedule, the billing process, or fees owed to Company; or
  • ·       post false, inaccurate, misleading, defamatory, libelous or obscene content or child pornography, or involve the sale of illegal, counterfeit or stolen Items.

5               Fees.

Fee Policy: Joining the Website and purchasing Items on the Website is free.  We charge fees for facilitating the payment portion of a transaction as more fully described in our Fee Schedule, which may be updated or modified by us from time to time, the current version of which is incorporated herein by reference.  Additionally, we may elect to temporarily change the fees for our services for certain promotions or new services, and such changes are effective when we post the temporary promotion on the Website. Unless otherwise stated, all fees are quoted in US Dollars (USD).

Taxes and Duties:  The buyer shall be responsible for paying all sales and use taxes, valued-added taxes, export and import taxes, and duties and all transactional taxes or levies related to the buyer’s purchase of each Item (collectively, “Taxes”).  The failure of the seller to collect the Taxes from the buyer will not relieve the buyer’s obligation.  The buyer shall have the responsibility to establish and document any applicable exemption from Taxes.  Seller shall be responsible for charging buyers all necessary taxes and duties arising out of any purchase and sale of an Item, and seller shall be responsible for timely remitting all such taxes and duties to the applicable taxing authority.

6               Item Listings & Sales

Item Description: All items must be listed in an appropriate category with appropriate tags and each unique item must have its own listing.  Item listings and other content posted by you on the Website may not link to any other website.  By listing an Item on the Website you warrant that:

  • ·       you own you the Item or otherwise have full rights to sell the Item;
  • ·       neither the Item nor any content you provide on the Website infringes any other party’s intellectual property rights, trade dress or rights of privacy and does not misappropriate any party’s likeness;
  • ·       the Item is in compliance with all applicable laws, rules and regulations;
  • ·       the description of the Item and proposed terms of sale are accurate, complete and truthful, including, without limitation, available quantity; and
  • ·       the Item complies with all of Company’s published policies and these Terms. 

Tasteful Descriptions: Your listings may include text descriptions, graphics, pictures and other content relevant to the sale of that item, provided, however, your postings and Item descriptions may not use profanity, nudity or other content of a violent or sexual nature. 

Item Rejection and Removal:  We reserve the right to reject or otherwise remove any Item or any content that is in violation of these Terms or for which Company receives notice alleging that such Item or content infringes the rights of any third party or violates any applicable law, rule or regulation.  Additionally, we reserve the right to reject or remove any Item that we determine in our sole discretion does not meet our high standards or that we otherwise deem to be in poor taste.

Binding Sale: All sales are binding.  The buyer and seller are each obligated to complete the transaction in a prompt manner.  The buyer is obligated to timely deliver appropriate payment for items purchased, and the seller is obligated to timely ship the order after confirmation of buyer’s payment thereof.  Buyers and sellers will each receive an email notification from the Website with information concerning the transaction and an invoice indicating the transaction. 

7               No Warranty; Limitation of Liability.

Company does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from the Website, nor the quality of any Items, information or other materials or services displayed, sold or purchased by you as a result of your use of the Website. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk.  Unless otherwise provided in these Terms, Company reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of the Website, with or without notice to you.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE AND ALL INFORMATION HEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED.  NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, COMPANY DOES NOT WARRANT THAT ANY INFORMATION, ITEM, CONTENT OR OTHER MATERIAL ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY COMPANY SERVICE, DATABASE, MATERIAL OR ANY THIRD PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY COMPANY, OR ANY PART THEREOF, WILL BE ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, ITEMS, PRODUCTS, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED.  COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE ITEMS AND SERVICES PROVIDED BY COMPANY, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

You will indemnify and hold us (and our employees, officers, directors, shareholders, agents and representatives) harmless from any claim or demand, including reasonable attorneys' fees due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. You will not hold company responsible for other users' content, actions or inactions, OR items listed on the Website.  IN NO EVENT WILL Company OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES, EXPENSES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF OUR WEBSITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEBSITE, OR ANY COMPANY INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED HEREIN OR THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, ITEM, PRODUCT, CONTENT, OR SERVICE PROVIDED BY COMPANY THROUGH OUR WEBSITE, ANY INFORMATION PROVIDED IN OUR SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THE WEBSITE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER COMPANY IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8               Data Protection; License.

Privacy Policy: We are committed to maintaining the privacy of your information, pursuant to our Privacy Policyprovided on the website and incorporated herein by reference.  Except as otherwise required for your use of the Website, Company does not want you to, and you should not, send any confidential or proprietary information to us via the Website or the email addresses referenced on the website. You agree that any information, including but not limited to remarks, suggestions, materials, ideas, graphics or other submissions, communicated to us through the Website or materials that you provide to us (other than information required for listing, selling and purchasing Items) will not be considered confidential or proprietary.  You further agree not to provide any information or materials to us that is defamatory, threatening, obscene, pornographic, of a sexual nature, violent, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Visible by Others: Additionally you should be aware that any information you share on the Website is visible to other users.  Information you submit can be read, collected, or used by other individuals to send you unsolicited messages. Company is not responsible for the personally identifiable information you choose to submit in these forums. For example, if you choose to make information, which was previously non-public, available by enabling certain user features, Company will collect that information from your interaction and the information will become publicly available.

License:  By providing any content, text, images, logos, materials or other information to us you grant to Company an unrestricted, irrevocable, worldwide, fully-paid, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works and distribute such information and materials, and you further agree that the Website is free to use (for any and all purposes) any content, text, images, logos, materials or other information that you or individuals acting on your behalf provide to us.  Notwithstanding the foregoing, we will only use personal information in accordance with our Privacy Policy.

9               Ownership.

Except as otherwise identified, the trademarks including names, logos, slogans and service marks appearing on the Website, whether registered or unregistered, are the property of Company or Company’s affiliates. Such marks are not to be copied, reproduced, published or in any way used without our written permission or the identified owner of the trademark. Except as otherwise identified, the copyright in the content of the Website including but not limited to text, artwork and photographs, is owned by Company. Photographs for Items are for demonstrative purposes only, and unless otherwise stated, do not represent an endorsement, sponsorship, connection or affiliation with the third party designer or manufacturer. No part of the Website may be published, stored or transmitted in any form or means without our express written permission.  You may download a single copy of the content displayed on the Website solely for your non-commercial, personal use, provided that it retains all copyright and other proprietary notices contained in the content.

10            Hyperlinks.

Third-party Links.  Our Website may contain links to third party websites not under the control of Company, which may contain information that some people may find offensive or inappropriate. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third party websites.  Company is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party sites.  Accordingly, Company is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in web sites which may be accessible via a Hyperlink to or from this web site or for the Hyperlink itself.  Your use of any such third-party websites is subject to the terms of use and privacy policies provided on each of those sites.

No Warranty.  If you decide to access linked third party sites, you do so at you own risk.  We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from the Website, since these sites are owned and operated by independent third-parties.  Company has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites. Company does not make any representations or warranties as to the security of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against Company with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties. 

11            Security.

You are prohibited from violating or attempting to violate the security of the Website and from using the Website to violate the security of other third party sites by any method, including, without limitation:

  • accessing data not intended for you or logging into a server or account which you are not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization;
  • attempting to interfere with service to any user of the web site, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
  • sending unsolicited e-mail, including promotions and/or advertising of products or services; or
  • forging any Website or Company header or any part of the header information in any e-mail, instant message, text message or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. Company may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the web site who are involved in such violations.

YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN OUR WEBSITE, ANY COMPANY INFORMATION, PRODUCT, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE COMPANY WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, COMPANY DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM LISTINGS, SALES, PURCHASES OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING OUR WEBSITE, INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL.

12            Disputes

If you have a dispute with one or more users of the Website, you hereby release Company (and our employees, officers, directors, shareholders, agents and representatives) 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. If you are a California resident, you waive California Civil Code §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."

We encourage our users to resolve their own disputes.  We do not mediate disputes, though may try to help users resolve disputes and will do so in our sole discretion.  We have no obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on Company’s policies.

You may not use the Website or any forum or bulletin board contained on the Website to discuss disputes with Company or any of the Website’s users. 

13            No Waiver.

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

14            Relationship.

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Company in any respect whatsoever.

15            Governing Law; Venue.

These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, notwithstanding its laws governing conflicts of laws.  The Parties agree that any action or proceeding brought to defend the rights or enforce the obligations of a party hereto shall be brought in the state and federal courts situated in New Hampshire.  You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this web site. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

16            Entire Agreement.

Except as otherwise provided in this paragraph, the Terms and all other terms and policies referenced herein are the only terms with respect to the subject matter hereof, and no terms and conditions stated in or attached to your communications are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms.  Further, additional terms may apply to specific portions or features of the web site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference.  You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the web site or for any service offered on or through the web site, the latter terms shall control with respect to your use of that portion of the web site or the specific service. 

17            Severability.

If any part or parts of these Terms are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract.

18            Reservation of Rights.

Our Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.

If you have any questions regarding this Website or its contents, or these Terms, contact us at info@everythingfarm.com or 603-925-9225

Last updated: March 20, 2013.