Classified Rules

RULES FOR USING THE Farms.com^TM CLASSIFIEDS

Farms.com^TM Classifieds (the "Classifieds"), a free service of Farms.com^TM, Ltd., a Delaware corporation ("Farms.com^TM"), provides users with a way to buy and sell products and services, and advertise and find jobs over the Internet. The Classifieds have been created to be accessible to all users of legal age, but it also has limitations and risks of which you should be aware.

Prior to, and as a condition of your use of the Classifieds, you hereby agree to abide by the Rules for Using the Farms.com^TM Classifieds (the "Rules"). You agree that the Rules apply exclusively to your access to and use of the Classifieds and do not alter in any way the terms and conditions of any other agreement you may have with Farms.com for products, services or otherwise. You further agree that if you breach any of these Rules, your authorization to use the Classifieds will automatically terminate and you will immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to the Classifieds.

THE RULES

1. Acceptance of Terms. You understand and agree that the Classifieds are provided "AS-IS" and that Farms.com^TM assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications. Buying and selling through Classifieds is available only to individuals who can form legally binding contracts under applicable law. This excludes in all cases minors (persons who have not reached their eighteenth birthday).

2. Changes by Farms.com^TM. Farms.com^TM reserves the right to modify the Rules at any time and without prior notice to its users. We may add to, change, delete or end our or your use of the Classifieds at any time, as well as remove any listing in the Classifieds for any reason and without notice. Farms.com^TM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Classifieds (or any part thereof) with or without notice. You agree that Farms.com^TM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Classifieds.

3. Classifieds as Venue. The Classifieds provide a venue for users to buy and sell products and services, and advertise and find jobs over the Internet. There are risks, which you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. We are a venue only and do not screen or censor or otherwise control the listings offered to other users, nor does Farms.com^TM screen or censor or otherwise control the users of the Classifieds. As a result you acknowledge and agree that in the Classifieds: (a) Farms.com^TM does not control the actual transaction between parties; (b) Farms.com^TM does not set or endorse the price, contract terms, employment terms, quality, safety, conformance, or legality of products, services, advertisements, or job notices or offers that are contained in the Classifieds; (c) Farms.com^TM does not set or endorse the ability of sellers to sell products or services, advertisers to be truthful, or employers to provide jobs as represented or the ability of buyers to buy products or services, customers to respond to advertisements, or employees to meet job qualifications; (d) Farms.com^TM cannot and does not control whether sellers or buyers will complete a transaction, whether advertisers and customers will meet each other's expectations or whether employers and employees will enter into employer/employee relationships; and (e) Farms.com^TMcannot and does not confirm each user's identity. Each user of the Classifieds is responsible for all applicable taxes that are incurred in buying or selling items via the Classifieds.

4. DISPUTES. IF THERE IS A DISPUTE BETWEEN USERS OF THE CLASSIFIEDS, Farms.com^TM IS UNDER NO OBLIGATION TO BECOME INVOLVED IN SUCH DISPUTE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE Farms.com^TM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE CLASSIFIEDS. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

5. Use of Classifieds. The Classifieds may be used only for lawful purposes. It is your responsibility, and you agree to comply with all requirements, legal or otherwise, imposed upon you hereunder or under separate agreement with others, as applicable. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal, or foreign law or regulation is prohibited. This includes, without limitation, any unauthorized use of material protected by patent, copyright, trademark, or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity or export control laws. You may use the information in the Classifieds only to the extent necessary to facilitate Classifieds related transactions. Farms.com^TM prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include, without limitation:

profane or sexually explicit advertisements that include masking or misspelling the words or images that would be illegal in any jurisdiction;
misleading offers that do not list the total purchase price or a "bait & switch" of products;
advertisements listed in the incorrect category, personals or any sub-category of personals, duplicate listings that contain more than 60% of the same characters, regardless of category;
placing a fraudulent ad, unsolicited advertising (whether commercial or informational), and unsolicited email or advertisements including, but not limited to, adult or dating services placing advertisements ("SPAM");
make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers, including, but not limited to, registering another email address other than your own;
any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, or harassment;
the transmission, distribution or posting of any matter that discloses personal or private information concerning any person or entity, including, without limitation, phone number(s) or addresses, credit/debit cards, calling cards, user account numbers/passwords or similar financial information, and home phone numbers or addresses.

Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.

6. Prohibited Sales. Farms.com^TM prohibits the listing or sale of the following goods for any reason, including, but not limited to, any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including the following:

Alcoholic beverages.
Firearms and weapons.
Cigarettes or any other tobacco product fit and prepared for immediate human consumption.
Pharmaceuticals or any other controlled substance.
Dangerous, counterfeit or stolen goods.
Goods which do not actually exist.
Any good that infringes or violates anyone's rights.
Any item which in Farms.com's sole discretion is inflammatory, offensive or otherwise inconsistent with Farms.com's standards of business ethics.
Any messages, data or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic or religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.

7. SPAM. Farms.com^TM strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Classifieds. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited. Farms.com^TM also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through the Classifieds systems, whether or not the messages were originated by you, were under your direction, or were by or under the direction of a related or unrelated third party.

8. Violations to Rules. If Farms.com^TM, in its sole discretion, determines that a violation of the Rules has occurred, Farms.com^TM may pursue any of its legal remedies, including, but not limited to, the immediate deletion of any offending material from the Classifieds, cancellation of your account with the Classifieds, as applicable, and/or the exclusion of any person(s) who may have violated any Rules. Farms.com^TM could also pursue violators with claims that you have violated various criminal and/or civil laws as applied by the relevant jurisdiction. Farms.com^TM will cooperate with any investigation by any federal, state or local body or any court or tribunal legitimately exercising its rights, domestically or internationally. Such cooperation may be without notice to you. If Farms.com^TM believes, in its sole discretion, that any ad may create liability for Farms.com^TM, Farms.com^TM may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including, but not limited to, the release of user information. In sum, Farms.com^TM reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.

9. Taxes and Costs. User understands and agrees that user is responsible for all applicable taxes and for all costs that are incurred in using the Classifieds. We may also, in our sole discretion, add or delete fees associated with the Classifieds. If any charge is applicable, we will notify our users in advance.

10. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE CLASSIFIEDS IS AT USER'S SOLE RISK. THE CLASSIFIEDS ARE PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. Farms.com^TM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Farms.com^TM MAKES NO WARRANTY THAT THE CLASSIFIEDS WILL MEET USER'S REQUIREMENTS, THAT THE CLASSIFIEDS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Farms.com^TM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CLASSIFIEDS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE CLASSIFIEDS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE CLASSIFIEDS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

11. LIMITATION OF LIABILITY. USER AGREES THAT NEITHER Farms.com^TM NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE CLASSIFIEDS OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CLASSIFIEDS OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE CLASSIFIEDS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE, EVEN IF Farms.com^TM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT Farms.com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE CLASSIFIEDS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, OR INADVERTENT OR ADVERTENT. USER AGREES THAT Farms.com SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY CONNECTED IN ANY WAY WITH THE CLASSIFIEDS. In no event shall Farms.com^TM's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Farms.com^TM for the Classifieds, if any, that is related to the cause of action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. License. You give us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) right and license to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings in the Classifieds. For the purpose of this Agreement, "User Data" shall mean all information, if any, submitted by you, to the Classifieds with the exception of trading data, credit card numbers, checking account numbers, or similar information. You shall take all reasonable efforts to ensure that the User Data is accurate and complete and not misleading in any way.

13. No Resale or Unauthorized Commercial Use. You agree not to resell or assign your rights or obligations under these Rules. You also agree not to make any unauthorized commercial use of the Farms. Classifieds.

14. In General.

You agree not to make use of anyone else's information (that is, information that would be deemed to be User Data if submitted by you) other than as necessary to complete any Classifieds transactions in which you are involved.
There is no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between Farms.com and any user of the Classifieds.
Any notice to you or to us shall be made by either email or regular mail. We may also give notice of changes to these Rules or other matters related to Classifieds by displaying notices to users in the Classifieds.
This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
These Rules and the relationship between user and Farm.com shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. User and Farms.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Shelby, Tennessee.
The failure of Farms.com to exercise or enforce any right or provision of these Rules shall not constitute a waiver of such right or provision. If any provision of these Rules 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 these Rules shall remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Classifieds or the these Rules must be filed within one year after such claim or cause of action arose or be forever barred.
The section titles in these Rules are for convenience only and have no legal or contractual effect.
Please help us keep the Classifieds site an enjoyable experience for all users. If you observe material or behavior that may violate one of the Rules, please contact Farms.com^TM Classifieds at webmaster@farms.com