Terms of Use

picking pear

Gardening is civil and social, but it wants the vigor and freedom of the forest and the outlaw.
~Henry David Thoreau

General

Please read the following Terms of Use carefully before using this Site or opening an account on The Farmer's Garden. By using this web site, you signify your irrevocable acceptance of this Terms of Use document.

The Farmer's Garden reserves the right to update and change the Terms of Use from time to time without notice or acceptance by you. Any modifications of this documnet are effective immediately upon posting.

Use of Materials

All materials transmitted or published by The Farmer's Garden on this site (including, but not limited to text, images, forms, logos, graphics, images, photographs, etc.) are owned or controlled by The Farmer's Garden and are protected by United States and international copyright laws. Any copying, downloading, reproduction, transmitting or redistribution of the materials on this site without written consent from The Farmer's Garden is strictly prohibited.

The Farmer's Garden does not allow the use of this site (including any of its individual elements or content) for commercial purposes.

You may not use or frame this Site, or any individual portion within the Site without express written consent from The Farmer's Garden. You may not use any meta tags or any other "hidden text" utilizing the The Farmer's Garden name, trademark, or URL without our written consent.

Accounts

Membership

In order to use portions of this site, you must register with The Farmer's Garden to become a member. As part of the registration process, you must enter an email address and create a password for your account. You will promise not select an email address and password with the intent to impersonate another person. You are responsible for maintaining the confidentiality of your password and account. You are also fully responsible for all activities that occur under your email address, password or account. It is your sole responsibility to protect your password and to refrain from sharing your password with any other person. You understand and agree that you are be liable for any activity performed by any people using this site under your account.

You must provide true, accurate, current and complete information about yourself when registering for any services on The Farmer's Garden. If you provide any information that is inaccurate The Farmer's Garden has the right to terminate your account.

The Farmer's Garden is not directed to anyone younger than 13 and is offered only to users 13 years of age or older. Any person who provides their personal information by registering for an account represents that they are 13 years of age or older.

Rules and Obligations

Individual classifieds are for personal use only. You may not use your classifieds to sell a commercial product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales.

Posting of classifieds is only available to persons within the United States. The purpose of this service is to create local communities where people can buy, sell, trade, or give away surplus backyard produce tools, garden space and other gardening releted items based on their US zip code and the radius that they are willing to travel. This service is not designed for people whose physical location is outside of the United States.

You understand that all information, data, text, photographs, or other materials are the sole responsibility of the person from which such content originated. This means that you, and not The Farmer's Garden, is entirely responsible for all content that you upload, post, transmit or otherwise make available on your classifieds. The Farmer's Garden does not control the content posted via this web site and does not guarantee the accuracy, integrity or quality of such content. The user posting any content must have all rights necessary to post such content, without violation of any intellectual property rights or any laws or regulations.

You understand that by using this site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will The Farmer's Garden be liable in any way for any content made available via your individual account. You acknowledge that The Farmer's Garden does not pre-screen content. The Farmer's Garden has the right (but not the obligation) in their sole discretion to remove any content that is available on an individual classified that violates this Terms of Use document or is objectionable or deemed as offensive. You agree that you will not:

  1. - upload, post, transmit or otherwise make available any content that is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, invasive of another personís privacy, or racially, ethnically or otherwise objectionable
  2. - impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
  3. - upload, post or otherwise transmit any content that is false, deceptive, misleading, deceitful, misinformative, fraudulent, or constitutes "bait and switch";
  4. - upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party
  5. - upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  6. - promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include providing instructions on how to assemble bombs, grenades and other weapons
  7. - upload, post or otherwise transmit any content that advertises any illegal service or the sale of any items which are prohibited or restricted by any applicable Federal or State law
  8. - take any steps to interfere with or in any manner compromise any of The Farmer's Garden security measures
  9. - use The Farmer's Garden for fraudulent purposes
  10. - attempt to decompile, reverse engineer, disassemble, modify or hack The Farmer's Garden
  11. - use The Farmer's Garden to propagate "spam" email and/or computer viruses
  12. - contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for commercial purposes
  13. - harass or "stalk" anyone
  14. - collect personal data about other users for commercial or illegal purposes
  15. - use an automated device or computer program that enables the submission of postings without each posting being manually entered by the author him or herself, including without limitation, the use of an automated posting device to submit postings in bulk, or automatically submit postings at regular intervals

The following types of files are allowed in your account:

  1. .jpg/.jpeg (JPEG format)
  2. .png (Portable Network Graphics format)

All other file types will be removed without prior notice and your account may be terminated.

Termination

You agree that The Farmer's Garden, in its sole discretion, may terminate your password, and/or account, and remove and discard any content on your individual classifieds for any reason, including, without limitation, that you have violated or acted inconsistently with Terms of Use document. The Farmer's Garden reserves the right to terminate any account without prior notice. You acknowledge and agree that The Farmer's Garden may immediately deactivate or delete your text, photos and any other pertinent data. The Farmer's Garden reserves the right to bar any further access to this data. You agree that The Farmer's Garden shall not be liable to you or any third-party for any termination of your access to your classifieds.

When The Farmer's Garden becomes aware of an alleged violation of this Terms of Use document, The Farmer's Garden will initiate an investigation. During the investigation, The Farmer's Garden may restrict a memberís access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, The Farmer's Garden may, at its sole discretion, restrict, suspend, or terminate a memberís account and/or pursue other civil remedies. If a violation is a criminal offense, The Farmer's Garden will notify the appropriate law enforcement authorities of such violation. Should criminally offensive violation take place, The Farmer's Garden retains the right to communicate personally identifiable information to other interested parties in connection with law enforcement operations.

Exemption From Incurred Penalties and Liabilities

You agree to exempt The Farmer's Garden from incurred penalties or liabilities from any alleged claim, including attorney fees, made by any third party regarding The Farmer's Garden or your individual classifieds.

If there is a dispute between participants on this site, or between users and any third party, you understand and agree that The Farmer's Garden is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release The Farmer's Garden, its officers, employees, owners, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

Transactions or Relationships Formed Between Users of This Site

Some material or information accessible in certain areas of The Farmer's Garden may be provided by other users and not by The Farmer's Garden (including, for example and without limitation, advertisements for third party or user-provided products or services available on or through this site). From time to time, there may be opportunities on or through this site for you to purchase certain products and/or services directly from such third parties (and in many cases, other users) who have advertised such products or services on The Farmer's Garden.

The Farmer's Garden assumes no responsibility for, and you are solely responsible for confirming, the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability and timeliness of any such user-provided information, content, products, services, advertising or other materials. The inclusion of any user-provided content on this site does not imply endorsement or sponsorship by The Farmer's Garden. You are solely responsible for any and all consequences of any such activities, transactions and relationships that you may conduct or form with other users of The Farmer's Garden. Any purchases that you make from such third parties or users who have advertised on or through this site are made at your own risk. You acknowledge and agree that The Farmer's Garden has no responsibility or liability for such purchases and/or transactions.

The Farmer's Garden is not responsible for the quality, legality or safety of any items sold, traded, given away or posted in a classified ad by any member of The Farmer's Garden community.

Modifications to This Site, the Software and the Services Provided

The Farmer's Garden reserves the right at any time to modify or discontinue, temporarily or permanently, this site (or any part thereof) with or without notice at any time. You agree that The Farmer's Garden shall not be liable to you or to any third party for any modification, suspension or discontinuance of this site.

Limit of Liability

THE FARMER'S GARDEN IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY OR OPERABILITY OR AVAILABILITY OF INFORMATION OR IMAGES DISPLAYED ON INDIVIDUAL CLASSIFIEDS. THE FARMER'S GARDEN IS NOT RESPONSIBLE FOR THE DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY INFORMATION OR IMAGES.

THE FARMER'S GARDEN, AND ALL MATERIALS, INFORMATION, SERVICES INCLUDED ON THE FARMER'S GARDEN WEB SITE ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. THE FARMER'S GARDEN DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FARMER'S GARDEN WEB SITE. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL OR DATA FROM FROM THE FARMER'S GARDEN.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE, THE SERVICES OR THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SERVICES AND THE SOFTWARE.

Permitting and Taxes

Your final purchase, sale, or trade may require permitting through the United States Department of Agriculture (USDA), your individual state, regional, and/or local authorities. The Farmer's Garden makes no representations or claims regarding any required permits, licenses or regulatory compliance by buyers, sellers or traders. Each party is responsible for investigating and complying with the regulations that apply to them. The Farmer's Garden makes no representations or claims regarding any taxes or other fees levied by a government entity on a buyer or seller. Each party is responsible for complying with any tax requirement or other payment requirement of a government entity.

Quarantine Regulations

The Farmer's Garden does not promote and is not responsible for any violation of any Federal, State, or Local quarantine regulations by a seller, buyer, or trader. The Farmer's Garden does not control sales and/or trades and therefore has no ability to regulate the individuals who utilize this site. Transporting produce, plants, seeds or other products regulated under quarantine regulations is a violation of the law, please act responsibly. You also agree to investigate quarantine regulations that may be in effect in your area.

Use of Pesticides

State regulations vary regarding what pesticides may and may not be used. The Farmer's Garden does not control sales and/or trades and therefore has no ability to regulate the individuals who utilize this site. Transporting produce, plants, seeds or other products where pesticides have been used may be in violation of the law, please act responsibly. The Farmer's Garden is not responsible for any pesticide that may or may not have been used in connection with any sale, trade or give away of produce offered on this site.

Changes In Terms of Use

We may modify or terminate our services from time to time, for any reason and without notice, without liability to any user. We reserve the right to modify this Terms of Use document from time to time without prior notice. Please review this Terms of Use document from time to time so that you will be aware of any changes.

The Farmer's Garden wants to enable more people to have access to home gardens and healthier food. We want to build community, one tomato at a time.

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