indieCart's Terms of Service
By using indieCart, you agree to behave fairly and honestly in all transactions and interactions within this site. indieCart provides a venue for buyers and sellers to form a transaction at an agreed-to price for a listed item. This service (referred to hereafter as "the Service") is subject to the following Terms of Service ("Terms"). Use of indieCart.com ("Site") implies compliance with these Terms.
Please check these Terms frequently, as we may amend them at any time. Your continued use of indieCart's Services will constitute your acceptance of the most up-to-date Terms. If you do not agree with these or future updates of these Terms, please discontinue use of our Services.
- Eligibility Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended indieCart members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site.
- Fees and Services There are no fees associated with registering as a buyer, posting on the forums, bidding or buying items. Seller's fees are listed here. We may change the fees for our Services from time to time. Our fee changes are effective fourteen (14) days after notification via postings on the indieCart site. All fees are quoted in U.S. Dollars.
- indieCart is a venue indieCart is not a Retailer. This Site acts as a venue to allow people to offer, sell, and buy handmade goods, at any time, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions.". We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer. Because we are a venue, in the event that you have a dispute with one or more users, you release indieCart from 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.
- Reservation of Rights indieCart retains the right, but does not have the obligation, to immediately halt any auction or product sale, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, auction inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of indieCart, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies, inappropriately categorized items or technical problems on the Site.
- Your Transactions and Obligations Sellers and buyers create different obligations by accessing the Site and using the Services.
- In the case of an auction, the seller must sell the product to the highest bidder that meets or exceeds the minimum price. Similarly, if a seller offers to sell an item by means of a standard "Buy Now" listing the seller must sell the item to any buyer who elects to purchase the item through this listing.
- You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item
- Upon full and timely payment, you are obligated to ship the item as described
- Sellers of food products must comply with applicable federal and state laws, such as licensing, ingredient listings, expiration dates and sealed containers.
- If you are the highest bidder in an auction, or if you click the "Buy Now" button, or you choose to enter a lottery-style listing, your election is a legal offer to buy the product and you are obligated to complete the transaction (in the case of a lottery, this only applies if your name is chosen as the buyer of the item). Bids, lottery entries and "Buy Now" purchases are not retractable except with the expressed permission of the seller.
- You are obligated to complete the transaction with the seller if you purchase an item in any indieCart shop within seven (7) days
- By entering into these Terms, whether buying or selling, you agree to complete the transaction as described in the item listing and by these Terms. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
- Password Security Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
- Illegal Activity
- Fraud The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, and purchasing items. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and indieCart.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
- Shill Bidding You are strictly prohibited from placing bids or causing bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on indieCart.com or the bid price of any product listed on the Site
- Breach Without limiting other remedies, indieCart may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach these Terms; (b) if indieCart believes that your actions may cause legal liability for you, other users, or indieCart.
- Privacy, Monitoring and Disclosure
- Disclosure of Information As permitted by applicable law, indieCart also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect indieCarts systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of indieCart's business and systems or other purposes deemed reasonable by indieCart, indieCart may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
- Your Information
"Your Information" is defined as any information you provide to us or other users in the registration, listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Restricted Activities: Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under these Terms; (bb) you do not have a right to link to or include.
- Access and Interference The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary of or is licensed to indieCart. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as otherwise provided herein); (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
- No Warranties THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. indieCart MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
- THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
- THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
- THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT CERTIFIED MERCHANTS WILL PERFORM AS PROMISED;
- ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
- ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF indieCart.
- Limitation of Liability indieCart WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
- Indemnity YOU AGREE TO DEFEND, INDEMNIFY AND HOLD indieCart HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THESE TERMS, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THESE TERMS.
- Termination indieCart, in its sole discretion, may terminate or modify these Terms, access to the Site or the Services, or any current transaction immediately without notice for any reason.
- Copyright If you believe that you have been defamed in some manner by the indieCart Web site or your own work has been copied in a way that constitutes copyright infringement, please make a good-faith effort to resolve this situation dirctly with the
seller. All sellers can be contacted via the "Contact seller" link within the toolbar at the top of the store. If the seller
is unreachable or refuses to comply, please provide indieCart with the following information in writing: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number, and email address; (b) a description of the defamatory material, or the copyrighted work that you believe has been infringed, and a description of where the material that you claim is defamatory or infringing your rights is located on the indieCart Web site; (c) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (d) a statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed party or the copyright owner or authorized agent to at on the copyright owner's or allegedly defamed person's behalf.
This information can be sent to support@indieCart.com
- General Provision
- No Agency; Third-Party Beneficiary indieCart is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of indieCart and you.
- Severability If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
- No Waiver indieCart's failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of indieCart's right to subsequently enforce such provision or any other provisions of these Terms.