Terms And Conditions
- ACCEPTANCE OF TERMS
- DESCRIPTION OF CACHEVALLEYAGEXCHANGE.COM SERVICES
- YOUR REGISTRATION OBLIGATIONS
- CACHEVALLEYAGEXCHANGE.COM PRIVACY POLICY
- MEMBER ACCOUNT, PASSWORD AND SECURITY
- MEMBER CONDUCT
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (”Rights”) of any party;
- upload, post, email, transmit or otherwise make available 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;
- interfere with or disrupt the services or servers or networks connected to CacheValleyAgExchange.com;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 10 above.
- INDEMNITY
- MODIFICATIONS TO CACHEVALLEYAGEXCHANGE.COM SERVICES
- TERMINATION
- DEALINGS WITH ADVERTISERS AND OTHER USERS
- DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE CACHEVALLEYAGEXCHANGE.COM SERVICE AND SOFTWARE ARE AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CACHEVALLEYAGEXCHANGE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- CACHEVALLEYAGEXCHANGE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CACHEVALLEYAGEXCHANGE.COM OR THROUGH OR FROM THE SERVICE OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
- EXCLUSIONS AND LIMITATIONS
- NO THIRD-PARTY BENEFICIARIES
- NOTICE
- GENERAL INFORMATION
- VIOLATIONS
By using the CacheValleyAgExchange.com services (defined below) you agree to accept the following Terms of Service (”TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://cachevalleyagexchange.com/terms-and-conditions/
CacheValleyAgExchange.com provides users with access to a classified ad service for agriculture related products. You also understand and agree that the CacheValleyAgExchange.com services may include advertisements and that these advertisements are necessary for CacheValleyAgExchange.com to provide the classified advertising basic service to you free of charge. You also understand and agree that the services may include certain communications from CacheValleyAgExchange.com, such as service announcements and administrative messages, and that these communications are considered part of CacheValleyAgExchange.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current services shall be subject to the TOS. You understand and agree that the CacheValleyAgExchange.com classified ad service is provided “AS-IS” and that CacheValleyAgExchange.com nor its owners assume any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the CacheValleyAgExchange.com services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the CacheValleyAgExchange.com service.
You understand that the technical processing and transmission of the CacheValleyAgExchange.com service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In consideration of your use of the CahceValleyAgExchange.com service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the CacheValleyAgExchange.com services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CacheValleyAgExchange.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CacheValleyAgExchange.com has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof). CacheValleyAgExchange.com is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the service must maintain an account for the child in the parents name. All interactions with the service must be with persons over the age of 13. If you create an account on behalf of a child of a younger age, you agree to take responsibility for all activity associated with the account.
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full CacheValleyAgExchange.com Privacy Policy at http://cachevalleyagexchange.com/privacy-policy/
You will receive a password and account designation upon completing the CacheValleyAgExchange.com’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CacheValleyAgExchange.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CacheValleyAgExchange.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, sound, photographs, graphics, video, messages, tags, or other materials (”Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not CacheValleyAgExchange.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the CacheValleyAgExchange.com’s classified ad service. CacheValleyAgExchange.com does not control the Content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the CacheValleyAgExchange.com service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CacheValleyAgExchange.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the CacheValleyAgExchange.com service.
You agree to not use CacheValleyAgExchange.com’s services to:
You acknowledge that CacheValleyAgExchange.com may or may not pre-screen Content, but that CacheValleyAgExchange.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the service. Without limiting the foregoing, CacheValleyAgExchange.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that CacheValleyAgExchange.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of CacheValleyAgExchange.com, its users and the public.
You agree to indemnify and hold CacheValleyAgExchange.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
CacheValleyAgExchange.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ervice (or any part thereof) with or without notice. You agree that CacheValleyAgExchange.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service (or any part thereof).
You may terminate your CacheValleyAgExchange.com account at any time by submitting such termination request to CacheValleyAgExchange.com at the following address: support (at) cachevalleyagexchange (dot) com.
You agree that CacheValleyAgExchange.com may, without prior notice, immediately terminate, limit your access to or suspend your account. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in CacheValleyAgExchange.com’s sole discretion and that CacheValleyAgExchange.com shall not be liable to you or any third party for any termination of your account.
Termination of your account includes any or all of the following: (a) removal of access to all or part of the offerings within the service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the service.
Your correspondence or business dealings with, or participation in promotions of, advertisers and other users found on or through CacheValleyAgExchange.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or user. You agree that CacheValleyAgExchange.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CACHEVALLEYAGEXCHANGE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CACHEVALLEYAGEXCHANGE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
CacheValleyAgExchange.com may provide you with notices, including those regarding changes to the TOS, including by but not limited to email postings on the services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the services in an authorized manner.
Entire Agreement. The TOS constitutes the entire agreement between you and CacheValleyAgExchange.com and governs your use of the services, superseding any prior version of this TOS between you and CacheValleyAgExchange.com with respect to the services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and CacheValleyAgExchange.com each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and CacheValleyAgExchange.com, shall be brought exclusively in the courts located in the county of Franklin, Idaho or the U.S. District Court for the aforementioned area. You and CacheValleyAgExchange.com agree to submit to the personal jurisdiction of the courts located within the areas mentioned above, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of CacheValleyAgExchange.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your CacheValleyAgExchange.com account is non-transferable and any rights to your ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CacheValleyAgExchange.com services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations to support (at) cachevalleyagexchange (dot) com.
Last updated October 3, 2009