eharvest's Terms and Conditions
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site. If you have any questions, please refer to the Help section of the Site.
1. eharvest is a Venue
eharvest acts as a venue to allow users who comply with eharvest's policies to offer, sell and buy certain handmade goods within a fixed-price format. eharvest is not directly involved in the transaction between buyers and sellers. As a result, eharvest has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. eharvest does not pre-screen users or the content or information provided by users. eharvest cannot ensure that a buyer or seller will actually complete a transaction. Consequently, eharvest does not transfer legal ownership of items from the seller to the buyer. eharvest cannot guarantee the true identity, age, and nationality of a user. eharvest encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that eharvest is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on eharvest. You use the eharvest service at your own risk.
2. Membership Eligibility
Age: eharvest'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. eharvest may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use eharvest's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities. Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by eharvest's policies as stated in the Agreement and eharvest policies as well as all other operating rules, policies and procedures that may be published from time to time on the Site by eharvest, each of which is incorporated herein by reference and each of which may be updated by eharvest from time to time without notice to you. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by eharvest 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.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify eharvest of any unauthorized use of your password or any breach of security. You also agree that eharvest 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 password information in combination to any other party other than eharvest without eharvest's express written permission. Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on eharvest you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account. Account Transfer: You may not transfer or sell your eharvest account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. Right to Refuse Service: eharvest's services are not available to temporarily or indefinitely suspended eharvest members. eharvest reserves the right, in eharvest's sole discretion, to cancel unconfirmed or inactive accounts. eharvest reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a shop on eharvest is free. eharvest charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. eharvest's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for eharvest's services are effective after eharvest provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, eharvest may choose to temporarily change the Fees Policy and the fees for eharvest's services for promotional events (for example, free listing days); such changes are effective when eharvest posts the temporary promotional event on the Site. eharvest may, at eharvest's sole discretion, change some or all of eharvest's services at any time. In the event eharvest introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). You are responsible for paying all fees and applicable taxes associated with using eharvest. eharvest keeps accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice. Fees and Termination: If eharvest terminates a listing or your account, if you close your account, or if the payment of your eharvest fees cannot be completed for any reason, you remain obligated to pay eharvest for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact eharvest.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with eharvest's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your eharvest shop. Your listings may only include text descriptions, graphics, pictures and other 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 for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their eharvest shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with eharvest's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. eharvest reserves the right to request that a seller modify a shop policy. Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding eharvest transaction fees, misrepresent the item's location, or use another user's account without permission.
Regarding Charity Shops: Charity Shops are meant for the sales of handmade items and original creations. Handmade items must be created by the seller operating the Charity Shop, or a member of that shop. The selling of commercial or mass-produced items in the Charity Shop section is not permitted. At eharvest, "handmade" items are items considered to be "hand-assembled", "hand-altered" and of original designs--reproductions, restorations or repairs of items are not considered "handmade".
Selling edible items: Under the term of allowable "handmade" items that can be sold on eharvest, edible items such as cookies, candy, etc. are also permitted. As each state may enforce different rules, each seller must take it upon themselves to abide by their state's appropriate laws and regulations regarding their sale of edible items. For example, some states may require that you apply for a food permit in order to sell edible items, or that the items are prepared in a licensed kitchen. Please contact your local health department to inquire about what rules you will need to abide by.
In addition, for the safety and health of buyers, eharvest's requires that edible items be labeled so that buyers know what is in your product to avoid certain allergic reactions and food sensitivities, such as to nuts or wheat. Food labeling is also required by the Food and Drug Administration (FDA). The FDA's Fair Packaging and Labeling Act provides detailed information on what is required on a label. Also helpful is the FDA's illustrated Q&A guide regarding label requirements. If in doubt, please do not hesitate to contact your local health department with any specific questions.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to eharvest 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 eharvest. Restricted Activities: Your Content and your use of eharvest shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- 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, eharvest's Copyright and Intellectual Property Policy)
- Violate this Agreement, The DOs & DON'Ts of eharvest, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including eharvest 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
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack eharvest or modify another website so as to falsely imply that it is associated with eharvest;
- Appear to create liability for eharvest or cause eharvest to lose (in whole or in part) the services of eharvest's ISPs or other suppliers
7. Information Control
eharvest does not control the Content provided by users that is made available on eharvest. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using eharvest, you agree to accept such risks and that eharvest (and eharvest's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on eharvest. Please use caution, common sense, and practice safe buying and selling when using eharvest. Other Resources: eharvest is not responsible for the availability of outside websites or resources linked to or referenced on the Site. eharvest does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that eharvest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with eharvest's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. eharvest is not involved with user generated groups, the groups' requirements, or the Meetings. eharvest does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that eharvest does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person. Groups or User Fees: Some user-generated groups on eharvest may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. EHARVEST IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO EHARVEST; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY EHARVEST, AND EHARVEST HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT EHARVEST IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, EHARVEST USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
In the event a dispute arises between you and eharvest, please contact eharvest. Should you have a dispute with one or more users, or an outside party, you release eharvest (and eharvest's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. eharvest encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. eharvest, for the benefit of users, may try to help users resolve disputes. eharvest does so in eharvest's sole discretion, and eharvest has no obligation to resolve disputes between users or between users and outside parties. To the extent that eharvest attempts to resolve a dispute, eharvest will do so in good faith based solely on eharvest's policies. eharvest will not make judgments regarding legal issues or claims.
10. eharvest's Intellectual Property
EHARVEST, and other eharvest graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of eharvest, Inc. in the U.S. and/or other countries. eharvest's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
- Take any action that imposes, or may impose, in eharvest's sole discretion, an unreasonable or disproportionately large load on eharvest's infrastructure
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass eharvest's robot exclusion headers or other measures eharvest may use to prevent or restrict access to eharvest
14. No Warranty
EHARVEST, EHARVEST'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND EHARVEST'S SUPPLIERS PROVIDE EHARVEST'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. EHARVEST, EHARVEST'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND EHARVEST'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM EHARVEST SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL EHARVEST, AND (AS APPLICABLE) EHARVEST'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR EHARVEST'S SUPPLIERS 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, EHARVEST'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. EHARVEST'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF EHARVEST'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO EHARVEST IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD EHARVEST AND (AS APPLICABLE) EHARVEST'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' 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 VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guarantee
eharvest does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside eharvest's control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any eharvest service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on eharvest's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and eharvest are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. eharvest Service
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (eharvest's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by at 440 N. Wolfe Road, Sunnyvale, CA 94085 (in the case of eharvest) or, in your case, to the email address you provide to eharvest (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, eharvest may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to eharvest. In such case, notice shall be deemed given three days after the date of mailing. For issues with intellectual property, please provide the notice as specified in eharvest's Copyright and Intellectual Property Policy.
The services hereunder are offered by eharvest Inc., located at 440 N. Wolfe Road, Sunnyvale, CA 94085.