LAST UPDATED: 30-MAY-2018
SECTION 1: ACCEPTING THE TERMS
By using the information, tools, features and functionality located on Barn2Door.com, through any Barn2Door application program interfaces (APIs), or through any software or other websites that interface with Barn2Door.com or its APIs (collectively the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (meaning you merely browse the Barn2Door.com website) or you are a "Member" (meaning you have registered with Barn2Door). The term "you" or "User" refers to a Visitor or a Member. Members may include buyers, sellers or both on Barn2Door. If you wish to become a Member and make use of the Service you must read this Agreement and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity.
SECTION 2: COPYRIGHTS
All content included on Barn2Door.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of Barn2Door and protected by United States and international copyright laws. Reproduction of the content of Barn2Door.com without the written permission of Barn2Door is prohibited.
SECTION 3: TRADEMARKS AND SERVICEMARKS
Barn2Door™, the Barn2Door logo, and other Barn2Door graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of Barn2Door or its subsidiaries. Barn2Door's trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not Barn2Door's, in any manner without Barn2Door's permission. All other trademarks not owned by Barn2Door or its subsidiaries that appear on Barn2Door.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Barn2Door or its subsidiaries.
SECTION 4: LICENSE TO ACCESS BARN2DOOR.COM AND SERVICES
In consideration for accessing Barn2Door.com and the Service, Barn2Door grants you a limited license to access and make personal use of the website. This license prohibits your downloading (other than page caching) or modifying any portion of it, except with express, written consent of Barn2Door. This license does not allow resale of Barn2Door's services without Barn2Door's written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Barn2Door.com without express written consent of Barn2Door. You may not use any meta tags or any other "hidden text" utilizing Barn2Door's name or trademarks without the express written consent of Barn2Door. Any unauthorized use automatically terminates the permission or license granted by Barn2Door and may incur legal liabilities for any damages.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories. You may not use any of Barn2Door's proprietary graphics or trademarks as part of the link without express written permission.
You agree that for all relationships discovered via Barn2Door.com, whether a farmer or purchaser, to conduct and consummate all related transactions via Barn2Door.com for a period of twelve (12) months from the date of initial discovery or the last consummated transaction, whichever is longer. This limitation extends to all existing and future products available from a given farmer, whether or not posted on Barn2Door.com. Circumventing Barn2Door.com and negotiating directly as farmer and purchaser independent from Barn2Door is a violation of this Agreement, and constitutes a material breach. YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF VIOLATION OF THIS PROVISION, BARN2DOOR, MAY ELECT TO TERMINATE YOUR ACCOUNT AS SET FORTH IN SECTION 15 BELOW, AND/OR PURSUE LEGAL ACTION TO RECOVER APPLICABLE FEES FROM YOU AS A FARMER OR PURCHASER FOR ANY AND ALL DIRECT TRANSACTIONS CONSUMMATED PRIOR TO DISCOVERY BY BARN2DOOR, AND FOR THE NEXT TWELVE (12) MONTHS THEREAFTER.
SECTION 5: ACCOUNTS AND PASSWORDS
If you are issued an account, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Barn2Door reserves the right to, under its sole discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to Barn2Door.com and the Barn2Door Service. Barn2Door reserves this right for potential and current buyers, sellers or both.
SECTION 6: THIRD PARTY APPS
Barn2Door's Service allows you to install or utilize certain Third Party Apps ("Apps"). These Apps are provided "AS IS" and governed by their own Terms of Service and Privacy Policies as set forth by the Third Parties that provide them. Barn2Door does not endorse and is not responsible or liable for the services or features provided by these Apps you choose to install. You acknowledge and agree that Barn2Door 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 use of or reliance on any Apps.
SECTION 7: YOUR CONTENT
You retain full copyrights in any materials served through Barn2Door. Depending on the features you select or Apps you enable, Barn2Door may modify the content of your site. For example, Barn2Door may detect any email addresses and replace them with a script in order to keep it from being harvested, or Barn2Door may insert code to enable a Third Party App. Depending on the features you enable, you acknowledge Barn2Door may:
Intercept requests determined to be threats and present them with a challenge page.
Add cookies to your domain to track visitors, such as those who have successfully passed the CAPTCHA on a challenge page.
Add script to your pages to, for example, add services, Apps, or perform additional performance tracking.
Other changes to increase performance or security of the Service.
Barn2Door will make efforts to communicate whenever a feature will modify your content and, whenever possible, provide you a mechanism to allow you to disable the feature.
SECTION 8: PRODUCT DESCRIPTION AND PRICING
Barn2Door attempts to provide content that is as accurate as possible and holds its sellers to high standards. However, Barn2Door does not warrant the accuracy, completeness or reliability of content and/or product descriptions. If a seller on Barn2Door offers a product for sale that is not as-described, your sole remedy is to contact the seller for a replacement or refund.
Prices advertised on Barn2Door are the end retail price to buyers. We cannot confirm the price of an item until after you order; despite our best efforts, a small number of products on our website by be mispriced. If the correct price of a product is higher than our stated price, Barn2Door will, at its discretion, contact you before order delivery for instructions on how to proceed or will cancel the order and notify you.
SECTION 9: RECORDS OF BARN2DOOR.COM VISITOR USE AND ABUSE
As a visitor to Barn2Door.com and a user of the Barn2Door Service, you consent to having your Internet Protocol address recorded and your activities monitored to prevent abuse.
SECTION 10: COMPLIANCE WITH LOCAL LAWS
SECTION 11: LIMITATION ON RESELL RIGHTS
You acknowledge that Barn2Door's Service is offered as a platform to facilitate direct purchases from farmer transactions and is not offered for other purposes, such as reseller or distribution rights. Accordingly, you understand and agree to use the Service solely for the purpose of participating as a farmer and/or purchases of products sold via Barn2Door.com. Additionally, the purpose of Barn2Door's Service is to facilitate online transactions, not store data. Using an account primarily as an online storage space, including the storage or caching of a disproportionate percentage of pictures, movies, audio files, or other non-HTML content, is prohibited. You further agree that if, at Barn2Door's sole discretion, you are deemed to have violated this section, or if Barn2Door, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Barn2Door's systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Barn2Door may suspend or terminate your account without notice to or liability to you.
SECTION 12: INVESTIGATION
Barn2Door reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Barn2Door's benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Barn2Door's sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, this Agreement, or is otherwise deemed harm the Service, Barn2Door may immediately shut down your access to the Service. You agree to waive any cause of action or claim you may have against Barn2Door for such action, including but not limited to any disruption to your website. You acknowledge that Barn2Door may, at its own discretion, reveal the information about your web server to alleged copyright holders or other complaintants who have filed complaints with us.
SECTION 13: INDEMNITY
You agree to indemnify and hold Barn2Door, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, your obligations to collect and/or pay taxes (as applicable) in any jurisdiction, your obligations to comply with any food handling, distribution, delivery requirements, your obligations to comply with any packaging, labeling, or disclosure requirements, your obligations to comply with any and all other applicable regulatory requirements, any and all asserted claims by any person of a death, illness or other malady allegedly due to the purchase or consumption of your products, or your violation of any rights of another.
SECTION 14: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
BARN2DOOR.COM AND THE BARN2DOOR SERVICE ARE PROVIDED BY BARN2DOOR ON AN "AS IS" AND "AS AVAILABLE" BASIS. BARN2DOOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BARN2DOOR.COM, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON BARN2DOOR.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF BARN2DOOR.COM, THE BARN2DOOR SERVICE, AND ANY GOODS OR PRODUCTS PURCHASED THROUGH BARN2DOOR IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BARN2DOOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BARN2DOOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, FOOD BORNE ILLNESSES, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF BARN2DOOR.COM, THE BARN2DOOR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BARN2DOOR MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT BARN2DOOR.COM, THE BARN2DOOR SERVICE, THE BARN2DOOR SERVERS, OR EMAIL/MESSAGES SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BARN2DOOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE BARN2DOOR.COM, THE BARN2DOOR SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
SECTION 15: TERMINATION
Barn2Door's policy is to investigate violations of these Terms of Service and terminate repeat infringers. You agree that Barn2Door may, under certain circumstances and without prior notice, immediately terminate your Barn2Door account, any associated email address, and access to Barn2Door.com and associated Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at Barn2Door's sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with Barn2Door.com and associated Services. Further, you agree that all terminations for cause shall be made in Barn2Door's sole discretion and that Barn2Door shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure. You further acknowledge and agree that notwithstanding any termination, your obligations to Barn2Door set forth in Sections 2, 3, 4, 8, 9, 11, 12, 13, 23, 24, 25 and 26 shall survive such termination.
SECTION 16: ABUSE REPORTS
Barn2Door is a pass-through network and caches content for a limited period. Barn2Door automatically removes content from our caches when it has been removed from by a customer. Barn2Door is not a hosting provider and has no way of removing abusive content on third party hosting services. Individuals or copyright holders concerned with content served through Barn2Door's network may submit a written complaint for investigation to Barn2Door at 3648 Burke Ave North, Seattle, WA 98103.
By submitting a complaint, you acknowledge that, at Barn2Door's sole discretion, copies of the complaint may be provided to the Barn2Door user, the user's hosting provider, posted on Barn2Door's website, and/or provided to third party services.
SECTION 17: MODIFICATIONS
Barn2Door may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on Barn2Door.com. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
SECTION 18: LINKS
The Service may provide, or third parties may provide, links to other websites or resources. Because Barn2Door has no control over such sites and resources, you acknowledge and agree that Barn2Door is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Barn2Door 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 use of or reliance on any such content.
SECTION 19: PUBLICITY
Barn2Door shall be permitted to identify you as a customer, to use your website's name in connection with proposals to prospective customers, to hyperlink to your website's home page, to display your logo on the Barn2Door's web site, and to otherwise refer to you in print or electronic form for marketing or reference purposes.
SECTION 20: NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.
SECTION 21: WAIVER
The failure of Barn2Door to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
SECTION 22: SEVERABILITY OF TERMS
If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
SECTION 23: NON-TRANSFERABILITY OF ACCOUNTS
You agree that your Barn2Door account is non-transferable except with the written consent of Barn2Door.
SECTION 24: TIME LIMITATIONS FOR CLAIMS
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 Barn2Door.com must be filed within one year after such claim or cause of action arose or be forever barred.
SECTION 25: APPLICABLE LAW
By visiting Barn2Door.com, you agree that the laws of the United States and, specifically, those of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Barn2Door or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in King County, Washington, USA.
SECTION 26: VERSIONS
The authoritative version of Barn2Door's Terms of Service is available at: www.Barn2Door.com/terms. While translations of these terms may be provided in multiple languages for your convenience, the English language version hosted at the link above is binding for all users of Barn2Door.com and the Barn2Door Service.