Last Updated: 01-June-2019
SECTION 1: ACCEPTING THE TERMS
By visiting www.Barn2Door.com and using any of our Services, you confirm that you’ve had an opportunity to review these Terms and agree to be bound by this Agreement. Note, Terms of this Agreement apply to everyone - whether you are a "Visitor" (meaning you are merely browsing as guest at www.Barn2Door.com) or you are a "Member" (meaning you have registered with Barn2Door).
We use the terms "you" or "User" in this Agreement to refer 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 Sign-Up process. By accepting, you represent that you have the capacity to be bound by this Agreement (e.g. you’re not drunk); if you are acting on behalf of a company or organization, you represent that you have the authority to bind such entity.
Our standard term is 12 months and renews automatically each year, unless cancelled in advance with 30 days written notice. Barn2Door reserves the right to terminate your use of the Services at any time as set forth in Section 15 below, including violation of the “Golden Rule” to do unto others as you would have them do unto you. At Barn2Door, we take this seriously, not just with respect to our interactions with our Members and Visitors, but also with respect to our work colleagues in terms of our daily interactions. As such, we reserve the right to end any relationship who fail to exemplify behavior consistent with the Golden Rule.
If you don’t like this Agreement, then you are free to terminate use of our Services any time. That said, Members who have subscribed for Services, will not be entitled to a refund for any fees paid to date for your premature termination prior to the conclusion of your then-current 12-month term.
SECTION 2: COPYRIGHTS
We pride ourselves on developing and publishing a lot of original content to help educate and inform buyers about local food and sellers about business best practices. For purposes of this Agreement, all content on www.Barn2Door.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, and compilation of that content into coherent Services, is the property of Barn2Door (or its partners as the case may be) and protected by United States and international copyright laws. Reproduction of any Barn2Door content without our written permission is not permitted (in fact, it is prohibited by law). If you would like to reference or reuse any of our content, then please ask.
SECTION 3: TRADEMARKS AND SERVICEMARKS
We’ve made investments building and maintaining the Barn2Door brand. We’re fortunate to employ some great marketers - and, we’re protective of Barn2Door’s brand promise to local, clean food producers.
To that end, we protect and restrict usage of Barn2Door™, the Barn2Door logo, and other Barn2Door graphics, logos, page headers, button icons, scripts, and service names (collectively, “Brand Assets”). These Brand Assets are Barn2Door trademarks, certification marks, service marks, or other trade dress of our Company that have inherent meaning and value because of their restricted use and our brand promise.
No Brand Assets may be used in connection with any other product or service (outside of Barn2Door’s control), without our written permission. All other trademarks not owned by Barn2Door that appear in our marketing collateral or included within our Services is the property of their respective owners, who may or may not be affiliated with Barn2Door.
SECTION 4: PERMISSION TO ACCESS WWW.BARN2DOOR.COM AND SERVICES
To use our Services or access www.Barn2Door.com, we agree to grant you a “limited license” to access and make personal use of the website. Note, this license prohibits you from downloading any content (other than page caching) or modifying any portion, without Barn2Door’s written consent. This license does not allow resale of Barn2Door's Services without our written permission. You may not utilize any techniques to frame or enclose any Brand Assets or any of Barn2Door’s proprietary information (including images, text, page layout, or form). You may not use any meta tags or any other "hidden text" utilizing Barn2Door's name or Brand Assets without our written consent. You are permitted to hyperlink to any non-password protected directories of Barn2Door. However, any unauthorized use automatically terminates the limited license we granted you. And, you may actually incur legal liability for any damages.
For all relationships discovered, accessed and maintained through Barn2Door Services, whether a seller or buyer, you agree to conduct all purchasing through Barn2Door for the duration of your use of the Services. Circumventing Barn2Door and negotiating directly as a seller and buyer 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 IMMEDIATELY SUSPEND OR TERMINATE YOUR ACCOUNT AS SET FORTH BELOW, AND/OR PURSUE LEGAL ACTION TO RECOVER APPLICABLE FEES FROM YOU AS A SELLER OR BUYER 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 a registered Member of Barn2Door (buyer, seller or both), then you are responsible to keep your account and password confidential. You agree to accept responsibility for all activities that occur as a Member. We reserve the right to refuse service, suspend or terminate Members as we see fit (in our sole judgement). The same applies to restricting access to Barn2Door and our Services for existing, past and prospective sellers, buyers, or both.
SECTION 6: THIRD PARTY APPLICATIONS AND APIs
Apple Developer Program
G! Developer Program
These Third Party Apps are provided "AS IS". Barn2Door does not endorse and is not responsible or liable for services or features provided by these Third Party Apps that you choose to utilize. You agree that Barn2Door is not responsible or liable, directly or indirectly, for any damages or loss caused or alleged, privacy breach caused or alleged, in connection with use or reliance on any Third Party Apps.
SECTION 7: USE OF SERVICES
Guest, Retail and Wholesale Buyers
All Visitors and Members are treated as retail buyers (by default), unless a Member registers as a wholesale buyer. As a wholesale buyer you represent that your organization is a lawfully registered and active organization entitled to wholesale pricing under applicable law. As a wholesale buyer, you agree and accept that you may be required to provide proof of lawful entity existence (e.g. EIN) and authorization to act on behalf of a wholesale buying entity.
Each seller’s web store is hosted and managed by Barn2Door on a separate subdomain for privacy and security compliance. This includes securing and maintaining a Secure-Socket-Layer (SSL) certificate for each web store to ensure secure commercial transactions and a consistent buyer experience across all browsers (e.g. Chrome, Edge, Mozilla, Safari) and devices (e.g. desktop, laptop, tablet and mobile).
Each seller agrees and accepts that by hosting your web store, Barn2Door will utilize a variety of Third Party Apps to manage, monitor, analyze and facilitate secure commercial transactions on a seller’s web store. These Third Party Apps may include a web analytics tools, web monitoring and hosting services, navigation analysis and heat-map tools, payments processing for credit, debit and ACH, and others from time to time. Seller also accepts that Barn2Door will include a “Powered by Barn2Door” or “Managed by Barn2Door” in a seller web store footer to ensure buyers have access to Barn2Door for any suspected security or privacy issues.
You agree and accept that each seller is responsible to maintain their own product inventory, images, descriptions and pricing that populate their web store. Each seller agrees it shall have no right or authority to make changes to the seller web store security, configuration, navigation hierarchy, design or payments. Further, each seller agrees not to offer or utilize any other third-party payments alternative online - through their website, social, or email.
If a seller has elected to leverage Barn2Door’s ongoing website design and consultancy Services, then Barn2Door will assume admin responsibility for a seller’s website. In this event, the seller retains all right, title and interest to its domain name, but grants Barn2Door a limited, worldwide license to host and operate a seller’s website for the duration of their Barn2Door Services relationship. That said, Barn2Door may terminate the Services relationship at anytime with 30-days notice (see Barn2Door’s “Golden Rule” policy below).
As website admin, Barn2Door will be responsible for a seller’s Domain Names Service (DNS) redirect configuration, website design and implementation, navigation analysis and improvements, and copy-editing the sellers content to improve buyer experience. A seller will remain responsible for paying costs for its domain name (typically $15 - $35 per year).
Each seller agrees and accepts that as website admin, Barn2Door will utilize a variety of Third Party Apps to manage, monitor and analyze a seller’s website. These Third Party Apps may include a content management system, web analytics tools, web monitoring and hosting services, navigation analysis and heat-map tools, and others from time to time. Seller also accepts that Barn2Door will include a “Powered by Barn2Door” or “Managed by Barn2Door” in a seller website footer to ensure buyers have access to Barn2Door for any suspected security or privacy issues.
After publication of a seller’s website (after design review and acceptance by the seller), Barn2Door will provide a seller with “Contribution” rights to the website - whereby a seller can update content (text and images), as described in Content further below. However, a seller accepts and agrees that in no case will a seller change any website style guides, edit navigation, payments, website redirects to Barn2Door, or disable any Third Party Apps (collectively, “Material Changes to a Website”). A seller is encouraged to contact Barn2Door for a consult if they would like to pursue any Material Changes to a Website.
If a seller has elected to leverage Barn2Door’s ongoing mobile app design and consultancy Services, then Barn2Door will assume admin responsibility for a seller’s mobile app. In this event, the seller will retain all rights to its app, and respective developer accounts (e.g. Apple Developer Account), but grants Barn2Door a limited, worldwide license to host, manage and operate a seller’s mobile app for the duration of their Barn2Door Services relationship. That said, Barn2Door may terminate the Services relationship at anytime with 30-days notice (see Barn2Door’s “Golden Rule” policy below).
As your mobile app admin, Barn2Door will be manage submission and seeking approval of Apple and Google for your app to be listed in their respective mobile stores. A seller will remain responsible for paying any mobile app listing fees or developer account fees (currently, Apple charges $99 per year).
Each seller agrees and accepts that as mobile app admin, Barn2Door will utilize a variety of Third Party Apps to manage, monitor and analyze a seller’s mobile app. These Third Party Apps may include a content management system, app analytics tools, monitoring and hosting services, navigation analysis and heat-map tools, and others from time to time. Seller also accepts that Barn2Door will include a “Powered by Barn2Door” or “Managed by Barn2Door” in a seller footer or about info to ensure buyers have access to Barn2Door for any suspected security or privacy issues they may perceive.
After publication of a seller’s mobile app (after design review and acceptance by the seller, and acceptance by the respective mobile app stores), Barn2Door will provide a seller with “Contribution” rights to the mobile app - whereby a seller can update mobile app content (text and images), as described in Content further below. However, a seller accepts and agrees that in no case will a seller change any mobile app style guides, edit navigation, payments, mobile app redirects to Barn2Door, or disable any Third Party Apps (collectively, “Material Changes to a Mobile App”). A seller is encouraged to contact Barn2Door for a consult if they would like to pursue any Material Changes to a Mobile App.
While the seller owns its original content (see Content policy below), seller grants Barn2Door license to copy-edit details to improve content content consistency, clarity for buyers, and improve conversion to secure product orders.
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
We try to ensure that all sellers provide content that is accurate and transparent - especially with respect to farming practices, production, harvesting and certifications. All sellers agree to comply with Barn2Door’s Requirements to sell only clean and sustainably sourced products via their Barn2Door managed web store.
However, Barn2Door does not warrant the accuracy, completeness or reliability of seller content or their product descriptions. We trust that each buyer has good judgment and scrutiny. And, we encourage you to contact a seller directly if you have any questions. If you believe that a seller’s product is not as-described on their web store, then your sole remedy is to contact the seller for a replacement or refund. As a buyer, you acknowledge and agree that Barn2Door has no liability for seller representations (or misrepresentations) of their products, and no liability for any product quality (including spoilage or contamination).
SECTION 9: CUSTOMER USAGE, NAVIGATION AND DATA
As a Visitor and/or Member of Barn2Door, you agree and consent to having your Internet Protocal address, MAC ID and related device and browser details recorded and monitored to prevent abuse, hacking, and any malicious attempts to subvert the security of our Services.
For everone else who is not hacker, capturing this data not only improves security, but also enables Barn2Door to improve buyer and seller experiences. More specifically, we can use this data to resolve support issues, uncover bugs, and identify user interaction and navigation improvements at www.Barn2Door.com and seller web stores, web sites and mobile apps. As a managed service, Barn2Door is always looking to improve and delight buyers and sellers alike.
Customer data is owned by the seller who inputs, uploads or captures buyer details in Barn2Door. As a seller, if you elect to cancel or terminate use of our Services at any time, you can download and take all your customer details and order information with you.
On that same topic, as a condition of using our Services, each seller grants an irrevocable, perpetual worldwide license to Barn2Door of all details, information and products that are maintained in the Services (at any time). For what its worth, it is not feasible for Barn2Door to comb a database and delete individual customer details across redundant servers and ongoing database backups (note, these issues are compounded when multiple farmers share the same customers).
Barn2Door will use best efforts to not cross-promote or cross-sell any products to your customers. Barn2Door will only contact your customers directly in the event of a security or privacy breach, malicious or suspicious account activity (real or perceived), and for periodic product updates and events (that provide a buyer a better experience with their seller(s) with whom they have a relationship). On occasion, with a seller’s permission, we may offer promotional incentives to buyers to do more business with you.
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 seller 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 direct seller and/or purchaser of products sold from Barn2Door powered website, webstore or from www.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
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) breach of the “Golden Rule” commitment above; (b) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (c) requests by law enforcement or other government agencies; (d) a request by you (self-initiated account deletions); (e) discontinuance or material modification to the Service (or any part thereof); (f) unexpected technical or security issues or problems; (g) extended periods of inactivity; (h) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (i) having provided false information as part of your account; (j) having failed to keep your account complete, true, and accurate; (k) any use of the Service deemed at Barn2Door's sole discretion to be prohibited; (l) use of fraudulent payment methods; and/or (m) 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, 21, 22, 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 by sending an email to firstname.lastname@example.org.
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 you may not transfer your Barn2Door account to any other parties (other than through legal acquisition and transfer of your business) 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.