By using the Farmandranchexchange website you agree to the following Terms and Conditions.
Summary of Terms and Conditions
A. You agree not to use the service for any illegal purposes whatsoever or for the transmission of material that is unlawful, harassing, racist, invasive of another's privacy, abusive, threatening, pornographic, vulgar, profane, or otherwise objectionable.
B. You agree NOT to include a link, links or a reference to any ad on Farmandranchexchange.com in any "junk mail", "spam" or "unsolicited email".
C. You agree that Farmandranchexchange.com may at their discretion terminate your account if they believe you have in violated the Terms and Conditions in any way.
D. You agree NOT to post classified ads that are related to Bulk E-mail.
E. You agree NOT to infringe on trademarks, service marks, or public figures (images/names).
F. We reserve the right to edit or delete any classified ad that violates our terms of service/use.
G. You agree NOT to post with terms or misspelled versions of terms implying an illegal service.
H. You agree that all business conducted on the farmandranchexchange.com is of agriculture nature. If we feel that it is not of that nature, your items may be terminated at our discretion.
I. If your ad has been report as fraud, it will be deleted at our discretion and it is your responsibility to prove that it is NOT fraud.
I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
Farmandranchexchange (the "Service") is provided to you ("User") under the terms and conditions listed on this website. These terms and conditions include any amendments made now or in the future as well as any further rules or policies that may be posted on the website.
BY POSTING AN CLASSIFIED AD, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS
II. MODIFICATIONS TO SERVICE
Farmandranchexchange.com reserves the right to modify or discontinue either temporarily or permanently, the Service with or without notice to User. User agrees that farmandranchexchange.com shall not be liable to User or any third-party for any modification or discontinuation of the Service.
User agrees to abide by all laws and regulations in User's use of the Service. User agrees to be solely responsible for the contents of User's advertisements through the Service.
User agrees that Farmandranchexchange.com may terminate User's account or use of the Service if farmandranchexchange.com believes that (a) User has violated or acted inconsistently with this agreement, or that (b) User has violated the rights of farmandranchexchange.com or other Users.
User acknowledges and agrees that any termination of service under this Agreement and under any provision of this Agreement may be effected without prior notice (only in extreme cases). User also acknowledges and agrees that farmandranchexchange.com may immediately delete any ads associated with the User's account.
V. DISCLAIMER, IDEMNITY AND WARRANTIES
FARMANDRANCHEXCHANGE.COM DISCLAIMS ANY WARRANTIES EXPRESSED OR IMPLIED ON GOODS OR SERVICES LISTED ON THE SERVICE. SELLERS ASSUME ALL THE RISK OR LIABILITY THAT ARISES FROM THEIR OFFER FOR SALE OF ANY ITEM.
FARMANDRANCHEXCHANGE.COM IS NOT LIABLE FOR THE ACCURACY OF THE INFORMATION CONTAINED IN THE SERVICE, OR THE CONTENTS OF ANY ADVERTISEMENTS, OR FOR THE CLAIMS OR OMISSIONS THEREIN. THE SERVICE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
FARMANDRANCHEXCHANGE.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FARMANDRANCHEXCHANGE.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE FARMANDRANCHEXCHANGE.COM SERVICE OR SOFTWARE WILL BE CORRECTED.
USER AGREES TO IDEMNIFY AND HOLD FARMANDRANCHEXCHANGE.COM, FROM ANY CLAIMS, INCLUDING ATTORNEYS' FEES, MADE BY ANY THIRD PARTY, DUE TO OR ARISING OUT OF USE OF THE SERVICE, USER'S CONNECTION TO THE SERVICE, OR USER'S VIOLATION OF THIS AGREEMENT.
THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT BETWEEN FARMANDRANCHEXCHANGE.COM AND USER WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERCEDES ALL PREVIOUS REPRESENTATIONS, UNDERSTANDINGS OR AGREEMENTS AND SHALL PREVAIL NOTWITHSTANDING ANY VARIANCE WITH TERMS AND CONDITIONS OF ANY OTHER PRIOR WRITING BETWEEN THE PARTIES. IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR DEEMED UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN THE REMAINING PROVISION SHALL NEVERTHELESS CONTINUE IN FULL FORCE AND EFFECT. CUSTOMER MAY NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT FARMANDRANCHEXCHANGE.COM'S PRIOR WRITTEN CONSENT.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND RESPECTIVE INTERNATIONAL LAWS AND ALL CLAIMS CONCERNING THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS OF THE UNITED STATES OF AMERICA. BY THEIR USE OF THIS WEBSITE, THE PARTIES HEREBY CONSENT TO SUBMIT TO THE JURISDICTION OF SUCH COURTS AND WAIVE ANY PERSONAL JURISDICTION OR ALTERNATIVE VENUE DEFENSES CONCERNING THE SAID CLAIMS.
VI. If you create a ad,business ad, forum account, or any other service offer by farmandranchexchange.com , you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify farmandranchexchange of any unauthorized uses of your account, or any other breaches of security. farmandranchexchange will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
VII. If you operate a blog, comment on a blog, post material to farmandranchexchange.com, post links on farmandranchexchange.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using farmandranchexchange.com, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to farmandranchexchange for inclusion on your website, you grant farmandranchexchange a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. If you delete Content, farmandranchexchange will use reasonable efforts to remove it from farmandranchexchange.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, farmandranchexchange has the right (though not the obligation) to, in farmandranchexchange's sole discretion, (i) refuse or remove any content that, in farmandranchexchange's reasonable opinion, violates any farmandranchexchange policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of farmandranchexchange.com to any individual or entity for any reason. farmandranchexchange will have no obligation to provide a refund of any amounts previously paid.
VIII. Advertisements - farmandranchexchange reserves the right to display advertisements on your blog.
IX. farmandranchexchange has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, farmandranchexchange does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. farmandranchexchange disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
X. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which farmandranchexchange.com links, and that link to farmandranchexchange.com. farmandranchexchange does not have any control over those non-farmandranchexchange.com websites, and is not responsible for their contents or their use. By linking to a non-farmandranchexchange.com website, farmandranchexchange does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. farmandranchexchange disclaims any responsibility for any harm resulting from your use of non-farmandranchexchange.com websites and webpages.
XI . As farmandranchexchange asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by farmandranchexchange.com violates your copyright, you are encouraged to notify farmandranchexchange in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. farmandranchexchange will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. farmandranchexchange will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of farmandranchexchange or others. In the case of such termination, farmandranchexchange will have no obligation to provide a refund of any amounts previously paid to farmandranchexchange.
XII. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
XIII. farmandranchexchange may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your farmandranchexchange.com account (if you have one), you may simply discontinue using our Services. 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.
XV. You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and farmandranchexchange reserve the right to terminate accounts or access of those in the event of a breach of this condition.
XVI. This Agreement constitutes the entire agreement between farmandranchexchange and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of farmandranchexchange, or by the posting by farmandranchexchange of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Nebraska, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Lincoln County, Nebraska. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in North Platte, Nebraska, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; farmandranchexchange may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.