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Terms and Conditions

NOTE: Braintree is used as a payment gateway service and by using this website you also accept Braintree terms of use, in addition to the terms below.

Alfrea Terms of Use(Last Updated: 4/17/17)

Alfrea is an online marketplace platform which empowers people to grow their own food. We connect provides with people that would like to use their land, services or purchase items offered in our marketplace.

About

Welcome to Alfrea.com. Please read these Terms of Use (“Agreement” or “Terms”) carefully before using our website, Alfrea.com (“Site”), and/or use our applications and services (collectively, “Services”). As used in these Terms, the terms “Alfrea”, “we”, “us”, “our”, refer to Alfrea, and the terms “you”, “your” refer to you, the Users of our Site and Services. By using any of our Services, you agree to be bound by, and use our Services in compliance with these Terms of Use.

You agree to comply with all 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 Alfrea’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 Alfrea.

If you are offering or seeking land, you agree to offer and / or seek land under license and not a lease. Licensing is better than renting.

We may make changes to these Terms from time to time. When we do, we will revise the "last updated" date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms.

The web service built at least in part on the Sharetribe platform. The general terms of Sharetribe apply also to the use of Alfrea.

Sharetribe is a social media service that allows its users to change favors and items and communicate with each other. The Sharetribe-service may only be used in accordance with these terms of use. The service provider reserves the right to change these terms of use if required. Valid terms of use can be found from Sharetribe’s website.

Rights of Content

The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.

USER ELIGIBILITY

Our services are only available to individuals who can form a legally binding contract between a buyer and seller 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. Alfrea 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. Users under the age of 18 can participate if they are supervised at all times by a parent or legal guardian over the age of 18. At that time, the adult is the user and assumes all responsibility for all activities. As a user you are responsible for providing true and accurate information about yourself and business on the Site’s registration form.

The Removal of a User

The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.

Fees and Billing

Listing and Selling

Alfrea provides a platform for shoppers and independent sellers to buy and sell goods and services. Sellers may only list products and conduct sales transactions for items they are legally able to sell. All items or services listed on Alfrea must be for sale. Sellers must accurately describe each item and all terms of sale in your Alfrea account. Sellers' listings may only include content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items or services for sale in that listing. Each unique item must have its own listing. Any item that does not meet these criteria will be removed at Alfrea's discretion and be evaluated for possible termination of the account. Alfrea reserves the right to remove content which is deemed to be inappropriate, damaging, harmful or illegal.

  • Seller Account Policies: All sellers that choose to open a shop are urged to create and post a list outlining the sale policies for their Alfrea account. These policies should include, but are not limited to: shipping and handling fees, refund policy, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All seller policies must conform with Alfrea's site-wide policies. Sellers are responsible for enforcing their own reasonable policies. Alfrea reserves the right to request that a seller modify a shop policy. In the event that shop policies conflict with the Terms of Afrea.com, the Terms will supersede any shop policies.
  • Binding Sale: Sellers are responsible for accurately listing their items and services, and buyers are responsible for reading the description of items before making a purchase. The transaction between buyer and seller shall be considered a legally binding contract between those two parties. Alfrea shall not be held liable for any breach of contract arising from the sale of items on the Site.The seller is responsible for the safe delivery of the sale item(s). The buyer is responsible to deliver appropriate payment for items purchased, in accordance with the policies and terms set forth by the seller.
  • Fee Avoidance: Fee avoidance, which is prohibited by Alfrea's Terms, includes any action taken by the seller in order to avoid paying a transaction fee.

The seller will not attempt to transition any transaction off site, to another channel, or to any other commerce outlet to avoid paying Alfrea transaction fees.

Messaging a user via messaging and directing them to buy or sell an item outside of Alfrea's marketplace.

Dispute Resolution

For disputes between users and Alfrea, please contact Alfrea directly through one of the posted channels available to all users. Our customer service personnel are standing by to assist.

In the event a dispute arises between you and another user or a third party, Alfrea will be considered free of any and all claims, damages or demands created by the dispute.

Privacy Policy

We may collect registration and other information about you through our Services. Our collection and use of this information is governed by our Privacy Policy.

INTELLECTUAL PROPERTY

  • Ownership: Alfrea owns all content on this Site such as, but not limited to, domains, graphics, images, photography, copy, text, video, audio, and button icons. This content is the property of Alfrea or its content suppliers and is protected by all applicable U.S. intellectual property laws. All content on the Site that is not the property of Alfrea is used with permission.
  • Seller’s Content: All content posted on or submitted to Alfrea by the seller shall remain Seller’s sole and exclusive property, and Seller shall be solely responsible for its content and the consequences of posting or publishing it. When Seller posts content on Alfrea, Seller agrees to give Alfrea a worldwide, limited, non-transferable, non-exclusive license to use such content owned in connection with its provision of the Services to Seller, solely for the purpose of operating, maintaining, marketing, evaluating, and improving the Services provided to Seller.
  • Digital Millennium Copyright Act (DMCA) Notice: Alfrea respects the intellectual property of Sellers and others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users of Seller who repeatedly infringe upon others’ rights. If a Seller believes that its work has been copied in a way that constitutes copyright infringement, or that its intellectual property rights have been otherwise violated, Seller will provide the following information to the Company’s copyright agent:
    • An Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • A description of the copyrighted work or other intellectual property that Seller claims has been infringed;
    • A description of where infringing material is located on the Alfrea Site;
    • Address, telephone number, and email address of Seller
    • A statement by Seller that has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by Seller, made under penalty of perjury, that the above information in Seller’s notice is accurate and that Seller is the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
    • The Company’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
      By Mail:
      Alfrea
            by email: customersupport@alfrea.com

LIMITATION OF LIABILITY

IN NO EVENT SHALL ALFREA, AND (AS APPLICABLE) ALFREA’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ALFREA’S SUPPLIERS,LICENSORS, AND CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ALFREA’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ALFREA'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ALFREA’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES,SUPPLIERS, LICENSORS, AND CONTRACTORS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ALFREA IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AGAINST AND HOLD HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, ACTIONS, LOSSES, LIABILITIES, COSTS AND EXPENSES, FORESEEN OR UNFORESEEN, OF ANY KIND, INCLUDING REASONABLE ATTORNEY FEES, IMPOSED ON, INCURRED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USAGE OF THE SITE, YOUR BREACH OF THESE =AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

WARRANTY

YOU ACKNOWLEDGE AND CONFIRM THAT THESE TERMS AND CONDITIONS AND THE USE OF THIS SITE DOES NOT CONSTITUTE A CONTRACT FOR THE SALE OF GOODS, BUT IS LIMITED TO ALFREA PROVIDING TO YOU THE SERVICES DESCRIBED IN THESE TERMS AND CONDITIONS. SELLERS HEREBY WARRANT TO BUYERS AND TO ALFREA THAT SELLERS HAVE GOOD AND MARKETABLE TITLE TO THE PRODUCTS THEY POST ON THE SITE. ALFREA MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER. YOU EXPRESSLY WAIVE ANY EXPRESS OR IMPLIED WARRANTY OF ALFREA WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE, INCLUDING, BUT NOT LIMITED TO (I) ANY WARRANTY OF TITLE, (II) ANY IMPLIED WARRANTY OF MERCHANTABILITY, (III) ANY IMPLIED WARRANTY OF THE TRADE, (IV) ANY IMPLIED WARRANTY OF NON-INFRINGMENT, AND (V) ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ALFREA HAVE ANY LIABILITY FOR DAMAGES AS A RESULT OF ANY SELLER’S PRODUCTS OR SERVICES SHOWN OR SOLD ON THE SITE, AND YOU HEREBY WAIVE ANY ACTIONS AGAINST ALFREA AND RELEASE ALFREA FROM ANY LOSS, COST, DAMAGE OR EXPENSE ARISING FROM OR IN ANY WAY RELATED TO ANY PRODUCTS OR SERVICES THAT YOU MAY PURCHASE FROM THIS SITE.

Disclaimer

No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.

Applicable Jurisdiction

The jurisdiction that is applicable in this service and these terms of use is that of Delaware, unless something else is required by binding law.You irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

General

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

By providing us with your email address, you agree to receive communications from us in electronic form and that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing.

These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Services, shall constitute the entire agreement between you and Alfrea concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.