Last updated on: January 1, 2019
By signing up for the Homesteaders Co-op services or any of the services of Homesteaders Co-op or its affiliates (“Homesteaders Co-op”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Homesteaders Co-op under the Terms of Service include various products and services to help you sell goods and services to buyers. Any such services offered by Homesteaders Co-op are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://homesteaderscoop.com/legal/terms. Homesteaders Co-op reserves the right to update and change the Terms of Service by posting updates and changes to the Homesteaders Co-op website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Homesteaders Co-op or any Homesteaders Co-op services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a Homesteaders Co-op account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Homesteaders Co-op may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Homesteaders Co-op will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Homesteaders Co-op cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Homesteaders Co-op will result in an immediate termination of your services.
2. Account Activation
Homesteaders Co-op Account
- Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
The Service is not targeted toward, nor intended for use by, anyone under the age of 13. You must be at least 13 years of age to access or use of the Service. If you are between 13 and 18 years of age (or the age of legal majority where you reside), you may only access or use the Service under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
4. Copyright and Limited License
We may retain data, text, photographs, images, video, audio, graphics, articles, comments, software, code, scripts, and other content supplied by us, the Homesteaders Co-op Account Owners or our licensors, which we call “Homesteaders Co-op Content.” Homesteaders Co-op Content is protected by intellectual property laws, including copyright and other proprietary rights of the United States and foreign countries. Except as explicitly stated in this Agreement, we do not grant any express or implied rights to use Homesteaders Co-op Content.
You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service and Homesteaders Co-op Content for your personal use. You retain ownership of and responsibility for Content you create or own (“Your Content”). If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.
5. General Conditions
- Technical support is only provided to Seller Accounts and is only available via email or discord.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Oregon and the laws of United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Oregon with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Homesteaders Co-op may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Homesteaders Co-op’s website, available at https://homesteaderscoop.com/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Homesteaders Co-op’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Homesteaders Co-op service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of United States and the State of Oregon. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Homesteaders Co-op.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Homesteaders Co-op or Homesteaders Co-op trademarks and/or variations and misspellings thereof.
- You acknowledge that by using the Service you agree to our Payments Policy at https://homesteaderscoop.com/legal/payments-policy
- You acknowledge that by using the Service you agree to our Buyer Policy at https://homesteaderscoop.com/legal/buyer-policy
On Homesteaders Co-op, you cannot discriminate based upon:
- National origin
- Gender identity
- Sexual orientation
- Any other characteristic protected under applicable law
It is your responsibility as a seller or buyer to know your local laws and any other legal regulations on discrimination that might apply to you.
Whether you’re listing products for sale or engaging in community discussions or product reviews on Homesteaders Co-op, discrimination is not allowed. Examples of prohibited behavior on Homesteaders Co-op include, but are not limited to:
- Refusal of service based on membership in one or more protected group
- Derogatory or demeaning remarks against protected groups listed above
- Racial slurs
- Posts that support or glorify current or historical hate groups
If you think discrimination has occurred on Homesteaders Co-op, please report it by e-mailing us at https://homesteaderscoop.com/contact and we will investigate.
7. Prohibited Items
The following types of items are prohibited or restricted on Homesteaders Coop:
- Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
- Animal Products and Human Remains
- Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
- Hate Items: Items that Promote, Support, or Glorify Hatred
- Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
- Internationally Regulated Items
- Pornography and Mature Content
- Violent Items: Items that Promote, Support, or Glorify Violence
If you see a listing on Homesteaders Co-op which you believe violates these Prohibited Items, we encourage you to contact us at https://homesteaderscoop.com/contact and we will investigate.
8. Homesteaders Co-op Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Homesteaders Co-op customer, Homesteaders Co-op employee, member, or officer will result in immediate Account termination.
- Homesteaders Co-op does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Homesteaders Co-op employees and contractors may also be Homesteaders Co-op customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Homesteaders Co-op retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Homesteaders Co-op reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
9. Limitation of Liability
- You expressly understand and agree that Homesteaders Co-op shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Homesteaders Co-op or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Homesteaders Co-op partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Homesteaders Co-op does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Homesteaders Co-op does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Homesteaders Co-op does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
10. Waiver and Complete Agreement
The failure of Homesteaders Co-op to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Homesteaders Co-op and govern your use of the Service, superseding any prior agreements between you and Homesteaders Co-op (including, but not limited to, any prior versions of the Terms of Service).
All the things you do and all the information you submit or post to the Service remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your content or actions that infringe the law or the rights of a third party or person in any way.
Specifically, you agree to hold us, our affiliates, officers, directors, employees, agents, and third-party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of the Service, your violation of this user agreement, and/or your violation of the rights of any third-party or person.
To the fullest extent permitted by applicable law, the Service and the Homesteaders Co-op Content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and any warranties implied by any course of performance or usage of trade. The company does not represent or warrant that the Service and the Homesteaders Co-op Content: (a) will be secure or available at any time or location; (b) are accurate, complete, reliable, current, or error-free or that any defects or errors will be corrected; and (c) are free of viruses or other harmful components. Your use of the Service and Homesteaders Co-op Content is solely at your own risk. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.
13. Limitation of liability
To the fullest extent permitted by applicable law, in no event shall Homesteaders Co-op or the any related party to Homesteaders Co-op, that includes but is not limited to, subsidiaries, vendors, or contractors, be liable for any special, indirect, incidental, consequential, exemplary or punitive damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of, or in any way connected with, the use of, or inability to use, the Service or the Homesteaders Co-op Content. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of Homesteaders Co-op or any related party, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use of the Service
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you.
14. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Homesteaders Co-op service. All Materials you upload remains yours. You can remove your Homesteaders Co-op store at any time by requesting that your Account be deleted.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Homesteaders Co-op to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Homesteaders Co-op can, at any time, review all the Materials submitted to its Service, although Homesteaders Co-op is not obligated to do so.
- You retain ownership over all Materials that you upload to a Homesteaders Co-op store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- Homesteaders Co-op shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
15. Modifications to the Service
We reserve the right to modify or discontinue, temporarily or permanently, the Service, or any features or portions of the Service, without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Service.
16. Cancellation and Termination
- You may cancel your Account at anytime by emailing us (https://homesteaderscoop.com/contact) and then following the specific instructions indicated to you in Homesteaders Co-op’s response.
- Upon termination of the Services by either party for any reason:
- Homesteaders Co-op will cease providing you with the Services and you will no longer be able to access your Account;
- your store website will be taken offline.
- We reserve the right to modify or terminate the Homesteaders Co-op Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Homesteaders Co-op may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
17. Modifications to the Service
- Homesteaders Co-op reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- Homesteaders Co-op shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18. Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Homesteaders Co-op’s partners or other third parties.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that Homesteaders Co-op has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Homesteaders Co-op’s websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Homesteaders Co-op. Homesteaders Co-op does not guarantee the availability of Third Party Services and you acknowledge that Homesteaders Co-op may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Homesteaders Co-op is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Homesteaders Co-op strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators and currency exchange rate converters should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
- If you use a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Homesteaders Co-op is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
- Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
- Under no circumstances shall Homesteaders Co-op be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Homesteaders Co-op has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Homesteaders Co-op partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
19. DMCA Notice and Takedown Procedure
Homesteaders Co-op supports the protection of intellectual property and asks Homesteaders Co-op merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Homesteaders Co-op using our contact form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
20. Privacy & Data Protection
Please read the following section carefully because it requires you to arbitrate certain disputes with Homesteaders Co-op and limits the way you can seek relief from Homesteaders Co-op. If you do not agree with this Section 21, please discontinue using the Service.
- Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Homesteaders Co-op: (a) waive your right to have any and all disputes or Claims arising from this Agreement or Homesteaders Co-op (collectively, “Disputes”) resolved in a court; and (b) waive your right to a jury trial. Instead, you and Homesteaders Co-op will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it, instead of having the Dispute decided by a judge or jury in court).
- No Class Arbitrations, Class Actions or Representative Actions. You agree that any dispute is personal to you and Homesteaders Co-op and that any such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual makes and attempt to resolve a dispute as a representative of another individual or group of individuals. Further, you and Homesteaders Co-op agree that a dispute cannot be brought as a class, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
- Federal Arbitration Act. You agree that this Agreement affects interstate commerce and that the enforceability of this Section 21 shall be governed by, construed, and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) to the maximum extent permitted by applicable law.
- Process. You agree that you will notify us in writing of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to the us shall be provided by sending an email via https://homesteaderscoop.com/contact. Your notice must include: (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific relief that you are seeking. If we cannot agree how to resolve the Dispute within thirty (30) days of the us receiving the notice, either you or Homesteaders Co-op may, as appropriate pursuant to this Section 21, commence an arbitration proceeding or file a claim in court. You agree that any arbitration or claim against us must be commenced or filed within one (1) year after the Dispute arose; otherwise, you agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute). You have read, understand, and agree that: (a) any arbitration will occur in New York County, New York; (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) the state or federal courts in New York will have exclusive jurisdiction over the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration. You may also litigate a Dispute in small claims court located in the county where you reside if the Dispute meets the requirements to be heard in small claims court.
- Authority of Arbitrator. As limited by the FAA, this Agreement and applicable JAMS rules, the arbitrator will have: (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute; and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’ s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- Rules of JAMS. The rules of, and additional information about, JAMS are available on the JAMS website at http://www.jamsadr.com/, as may be updated from time to time. By agreeing to be bound by this Agreement, you either: (a) acknowledge and agree that you have read and understand the rules of JAMS; or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
- Severability. If any term, clause, or provision of this Section 21 is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other terms, clauses or provisions will remain valid and enforceable. Further, the waivers set forth in Section 21.2 are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law.
22. Applicable Law and Venue
This Agreement and your access to and use of the Service and the Homesteaders Co-op Content will be governed by, and construed in accordance with, the laws of Oregon, without resort to its conflict of law provisions. To the extent the arbitration provision in Section 21 does not apply and the Dispute cannot be heard in small claims court, you agree that any action at law or in equity arising out of, or relating to, this Agreement shall be filed only in the state and federal courts located in Jackson County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.
We reserve the right, without notice and in our sole discretion, to terminate your license to access and use of the Service, which includes, homesteaderscoop.com, and to block or prevent your future access to, and use of, the Service that we provide.
If any term, clause, or provision of this Agreement is deemed to be unlawful, void or for any reason unenforceable, then that term, clause or provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.