YieldOrganic Terms and Conditions.
Effective as of September, 2016.
YieldOrganic is owned by Communication Design Group, Inc. (CDG). YieldOrganic is a marketplace connecting buyers and sellers of organic foodstuffs. The contract formed for transaction of any and all goods listed on YieldOrganic.com is exclusively between the seller and purchaser and is not enforceable upon YieldOrganic, CDG, it’s affiliates, shareholders, employees or venders. YieldOrganic is not an auctioneer, broker, dealer or warehouse for any goods or transactions. YieldOrganic is not an agent for the seller or purchaser of any goods.
YieldOrganic makes no certification or representation of the fitness or merchantability of goods displayed on it’s websites. Any badging, description, or certification of the goods is solely that of the listing entity and should be verified by the buyer of the goods.
YieldOrganic may provide pricing, shipping, listing, and other guidance as part of our services, such guidance is solely informational and you may decide to follow it or not. Also, while YieldOrganic may help facilitate the resolution of disputes through various programs, we have no control over and do 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 goods; the ability of buyers to pay for goods; or that a buyer or seller will actually complete a transaction or return goods.
YieldOrganic neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
By using YieldOrganic’s services you represent that you are 18 years of age and have the legal capacity to contract. If you are using YieldOrganic on behalf of an entity, you represent that you have the authority to act on behalf of that entity.
YieldOrganic’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. YieldOrganic may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by YieldOrganic’s policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the site by YieldOrganic, each of which is incorporated herein by reference and each of which may be updated by us from time to time without notice to you.
In addition, some services offered through the Site may be subject to additional terms and conditions published by YieldOrganic from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify YieldOrganic of any unauthorized use of your password or any breach of security. You also agree that YieldOrganic cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than YieldOrganic without our express written permission.
You are solely responsible for your conduct and activities on and regarding to YieldOrganic and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on YieldOrganic’s Copyright Policy.
Restricted Activities: Your Content and your use of YieldOrganic:
- Must not be false, inaccurate or misleading.
- Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items.
- Must not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, YieldOrganic’s Copyright Policy)
- Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Must not contain items that have been identified as hazardous to consumers
- Must not be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including YieldOrganic’s staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Must not be obscene
- Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
- Must not modify, adapt or hack YieldOrganic or modify another website so as to falsely imply that it is associated with YieldOrganic
- Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on YieldOrganic.
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, YieldOrganic or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use YieldOrganic. This license does not include any resale or commercial use of any YieldOrganic, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any YieldOrganic or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by YieldOrganic or its licensors, suppliers, publishers, rightsholders, or other content providers. No part of YieldOrganic, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of YieldOrganic. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of YieldOrganic without express written consent. You may not use any meta tags or any other “hidden text” utilizing YieldOrganic’s name or trademarks without the express written consent of YieldOrganic. You may not misuse the YieldOrganic name, it’s likeness, or images. You may use the YieldOrganic only as permitted by law. The licenses granted by YieldOrganic terminate if you do not comply with these conditions of use or any service terms.
THE YIELDORGANIC WEB SITE, INCLUDING BUT NOT LIMITED TO THE USE OF THE MATERIALS, THE SOFTWARE, THE CONTENT AND/OR THE DOCUMENTATION CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. YIELDORGANIC DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE YIELDORGANIC WEB SITE, INCLUDING BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT AND/OR THE DOCUMENTATION. USER ACKNOWLEDGES THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT USER’S SOLE RISK. YIELDORGANIC AND CDG DOES NOT MAKE ANY WARRANTY REGARDING THE YIELDORGANIC WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT AND/OR THE DOCUMENTATION, OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE YIELDORGANIC WEB SITE. THE MATERIALS, SOFTWARE, THE CONTENT AND/OR THE DOCUMENTATION ARE LICENSED TO USER “AS-IS”, WITHOUT ANY WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED, AND BOTH YIELDORGANIC AND CDG, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR COMPLETENESS OF THE MATERIALS, SOFTWARE, CONTENT, DOCUMENTATION, INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE YIELDORGANIC WEB SITE; AND (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR AGAINST INFRINGEMENT. IN NO EVENT WILL YIELDORGANIC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE TO USER FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE YIELDORGANIC WEB SITE, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE DOCUMENTATION, ITS PUBLIC POSTING BULLETIN BOARDS OR ANY ERRORS OR OMISSIONS IN THE MATERIALS, THE SOFTWARE, THE CONTENT AND/OR THE DOCUMENTATION, EVEN IF YIELDORGANIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF YIELDORGANIC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, CLAIMS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, DATA LOSS OR CORRUPTION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE MATERIALS, THE SOFTWARE, THE CONTENT OR THE DOCUMENTATION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO YIELDORGANIC BY OR ON BEHALF OF USER IN CONNECTION WITH THE YIELDORGANIC WEB SITE IN THE TWELVE MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. SOME STATES DO NOT ALLOW FOR SOME OT THE LIMITATIONS OR EXCLUSIONS AS SET FORTH HEREIN. USER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
YOU AGREE TO INDEMNIFY AND HOLD YIELDORGANIC, CDG AND (AS APPLICABLE) YIELDORANIC’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, 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 OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
It is expressly agreed between User and YieldOrganic that any controversy or claim arising out of or relating to this Agreement (expressly excepting therefrom any claim by YieldOrganic for payment due from User hereunder) shall be settled by binding arbitration in Texas in accordance with the substantive laws of the State of Texas (excluding choice of law) and the Commercial Arbitration Rules of the American Arbitration Association. It is further expressly agreed between User and YieldOrganic that judgment upon any award rendered by a single arbitrator may be entered in any court of competent jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. Copyright issues are an exception, as copyright is governed by the laws of the United States. Venue is proper in Texas federal and state courts.
The licenses and passwords granted and assigned to User pursuant to this Agreement are personal to User, and under no circumstances may be assigned, sublicensed or transferred by User without YieldOrganic’s prior written consent. Any attempted assignment, sublicense or transfer shall be null and void and shall result in the immediate and automatic termination of the licenses and passwords granted under this Agreement.
All notices to YieldOrganic must be made in writing and shall be made in email. Notices to us must be sent to firstname.lastname@example.org. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
If any provision to this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any right hereunder.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Each party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and further agrees that it is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written between the parties relating to this Agreement. This Agreement may not be modified or altered except by written instrument executed by a corporate officer of CDG.