1. General Terms
These are Terms of Service for the La Cienega Farmer’s Market website. This is an agreement (“Agreement”) between La Cienega Farmer’s Market, and you (“you,” “your” or “user(s)”), a user of the our website or service.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand their meaning. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
3. User Accounts
Before using La Cienega Farmer’s Market, you will need to sign up for an account by providing us with your name, company name and e-mail. We may also require additional information from you if necessary. We may at our discretion restrict, limit or revoke your ability to register or useLa Cienega Farmer’s Market at any time.
4. Use of La Cienega Farmer’s Market
When using any of our Site and Services, we grant you a personal, limited, non-exclusive license use. When you use our Service you are granted a license only for your personal use. This means that you cannot sell our Service, share your license with anyone else, reverse engineer or otherwise attempt to copy our Service, or try and make money off of it without our express written permission.
Even if we offer our Service for free, you must still abide by these provisions and not copy or otherwise use our Service in a manner prohibited by this section.
- You agree not to transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion;
- You agree to provide truthful and accurate content;
- You agree not to violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer;
- You agree not to transmit any malicious or unsolicited software;
- You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to La Cienega Farmer’s Market;
- You agree not to interfere with or disrupt La Cienega Farmer’s Market;
- You agree not to hack, spam or phish us or other users;
- You agree to act within the bounds of common decency when using our website;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree not to collect or store personal information about other end users;
- You agree to not violate any law or regulation and you are solely responsible for such violations;
- You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Site or any of our Services;
- You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine;
- You agree not infringe upon our intellectual property unless you have our permission to use it in the specific manner that you used it;
- You are expressly prohibited from accessing La Cienega Farmer’s Market through a virtual private network or by proxy.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended.
Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but La Cienega Farmer’s Market reserves the right to suspend or terminate any account at any time without notice or explanation.
The La Cienega Farmer’s Market Site and Service may contain links to other websites (such as in advertisements), integrated third party products or allow others to send you such links. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.
5. Content and Privacy
La Cienega Farmer’s Market does not own your Content and is not responsible and liable in any way for the content in case of illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable content in our reasonable opinion.
Your Content and metadata about your Content may be viewed by other users in accordance with your settings on the Service. La Cienega Farmer’s Market can, but has no obligation, to monitor your Content you post on the Service. We can remove any information you post for any reason or no reason.
You grant La Cienega Farmer’s Market a non-excluse, royalty-free, fully-paid, world-wide, transferable license to display advertisements in connection with your content and to use your content to advertise and promote La Cienega Farmer’s Market on any medium.
When you use the Service, we may send one or more “cookies” – a small data file – to your computer to uniquely identify your browser and let La Cienega Farmer’s Market help you log in faster and enhance your navigation through the site. A cookie may convey anonymous information about how you browse the Service to us.
A persistent cookie remains on your hard drive after you close your browser so that it can be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
When you use the Service, our servers automatically record certain information sent by your web browser. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, mobile carrier, and other such information.
When you use the Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting and make La Cienega Farmer’s Market better for our users. When you use the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey information about how you browse the Service to us.
Location data does not collect or share any personally identifiable information about you. Location data may be used in conjunction with personally identifiable information. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device and are used to enhance the Service.
6. Representations and Warranties
We make no representations or warranties for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to this agreement or our Services, for reasons including, but not limited to, failure of our service, neglience, or any other tort.
You agree that we are not responsible in any way for damages caused by thir parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct with you.
We are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevents access to our website temporarily or permanently. The provision of our service to you is contigent on your agreement with this and all other sections of this Agreement.
7. Limitations on Liability
La Cienega Farmer’s Market, its employees, agents, officers, directors and other staff in no event shall be liable to you for any direct, indirect, incidental, special, punitive or consequuential damages whatsoever resulting from
(I) errors, mistakes, or inaccuracies of content,
(II) personal injury or property damage, of any nature, resulting from your access to and use of our services,
(III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(IV) any interuption or cessation of transmition to or from our services
(V) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or
(VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that La Cienega Farmer’s Market shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. La Cienega Farmer’s Market shall not be liable for any business problems that arises by using our Site and Service.
All content provided to you by the Site and Service is informative and the decision to react based on provided information is your own decision and liability, so you should consider all facts properly before taking any business decision. In the event of any problem with our Site, Service or any content, you agree that your sole remedy is to cease using our Site, Service or any content.
La Cienega Farmer’s Market is not liable to you or to third partis for any damage, harm, injury or claim that arises from your use of Site, Service or any products purchased from our Site. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
- We take no responsibility and assume no liability for any user content that is posted, stored, uploaded, or transmitted to us, or for any loss or damages that may occur because such member content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
- We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use ofLa Cienega Farmer’s Market, whether arising in tort or contract, law or equity;
- Your ability to use or interact with this website is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.
La Cienega Farmer’s Market shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount.
You agree to defend, indemnify and hold La Cienega Farmer’s Market, its employees, agents, officers, directors and other staff from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(I) your use of and access to theLa Cienega Farmer’s Market site and Service;
(II) your violation of any term of these Terms of Service;
(III) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(IV) any claim that any of your content caused damage to a third party. T
his defense and indemnification obligation will survive these Terms of Service and your use of the La Cienega Farmer’s Market Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.
9. Age restrictions
La Cienega Farmer’s Market and its Services may only be used by persons 16 years and older. If you are under the age of 16 please do not use our Site and do not submit any information to us.
10. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, La Cienega Farmer’s Market shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
13. Termination and Cancellation
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases.
If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Cancellation may result in the immediate deletion of any content that you have submitted to La Cienega Farmer’s Market. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion