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Feedpail Terms of Use:
Acceptance of terms
Feedpail provides listings of feed ingredients and auctions of feed ingredients (herein referred to as “Listings”) subject to the following Terms of Use (“TOU”). By using the Listings in any way, you are agreeing to comply with the TOU. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with feedpail in any way, your only recourse is to immediately discontinue use of feepail. Feedpail has the right, but is not obligated, to strictly enforce the TOU. Feedpail is a World Wide Web commercial site for individuals who can form legally binding contracts under applicable law (adults over the age of 18) that is open to the public. Therefore, entry into feedpail has all the risks and dangers associated with any and all public places and forums. Members, Browsers and/or Applicants entering feedpail assume all responsibility and risk associated with entering public places and forums such as feedpail. Feedpail, its owners and employees act as a third party carrier to those who enter feedpail and are not responsible for the actions of those who use feedpail, nor are they responsible for any consequences that occur due to the use, misuse or nonuse of feedpail. Feedpail, its owners and employees neither bear nor assume responsibility for the personalized content, information, statements or interests (public or private) expressed by Members, Browsers and/or Applicants of feedpail. Modifications to this agreement We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting hereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. The most recent version can be found on the feedpail website. Content You understand that all postings, messages, text and/or files posted on or transmitted through the Listings is the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Listings. You understand that feedpail does not control, and is not responsible for Content made available through the Listings. Feedpail makes no representation or warranty as to the accuracy; completeness or authenticity of the information contained in any the Listings. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will feedpail be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Listings. You acknowledge that Feedpail does not pre-screen or approve users or listings, but that Feedpail shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Listings, for violating the letter or spirit of the TOU or for any other reason. Sales & Interactions Your interactions with organizations and/or individuals found on or through the Listings, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Feedpail shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that feedpail is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release feedpail, its owners, officers, employees, 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. Privacy Feedpail has established a Privacy Policy to explain to users how their information is collected and used, which can be found on this site. Conduct You agree not to post, email, or otherwise make available Content:
Limitations on Listings You acknowledge that Feedpail may establish limits concerning use of the Listings, including the maximum number of days that Content will be retained by Feedpail, the maximum number postings, messages, or other Content that may be transmitted or stored by Feedpail. You agree that Feedpail has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted. You acknowledge that Feedpail reserves the right at any time to modify or discontinue the Listing (or any part thereof) with or without notice, and that Feedpail shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Listing. Termination of Service You agree that Feedpail, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Listing (or any part thereof), immediately and without notice, and remove and discard any Content within the Listings, for any reason, including, without limitation, if Feedpail believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Feedpail shall not be liable to you or any third-party for any termination of your access to the Listings. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE FEEDPAIL SITE AND THE LISTINGS IS ENTIRELY AT YOUR OWN RISK. THE FEEDPAIL SITE AND THE LISTINGS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FEEDPAIL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FEEDPAIL SITE AND THE LISTINGS. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL FEEDPAIL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FEEDPAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FEEDPAIL SITE OR THE LISTINGS, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FEEDPAIL SITE OR THE LISTINGS, FROM INABILITY TO USE THE FEEDPAIL SITE OR THE LISTINGS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FEEDPAIL SITE OR THE LISTINGS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. INDEMNITY You agree to indemnify and hold Feedpail, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Listings, your use of the Listings, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another. |