Legal / Terms
1. Accepting these Terms
The Terms are a legally binding contract between you and FarmHappy.
This contract sets out your rights and responsibilities
when you use the services provided by FarmHappy (hereinafter, we will refer to our
website, FarmHappy.com, and other services as our “Services”), so please read
it carefully. The term “Website” in these Terms shall refer to FarmHappy.com.
By using any of our Services (even just browsing our Website), you’re agreeing
to the Terms. If you don’t agree with the Terms, you may not use our Services.
2. Terms for Buyers and Sellers
FarmHappy’s Services bring people from around the world together, both online and offline, to buy and sell farm fresh and artisan goods.
our Policies for Sellers
as part of these Terms. These include but are not limited to the
and the Fees & Payments Policy. Sellers are responsible
for items they list and ensuring that the items they list do not violate any local, state, or federal trade laws.
our Policies for Buyers
as part of these Terms. These include but are not limited to the
explains how your information is used when you use our Services, and it’s also a part of our Terms,
so please read it here.
4. FarmHappy Accounts
In order to use some of our Services, you’ll have to create a FarmHappy account. An account is created for you
when you "sign in" to FarmHappy using a third-party application or when you make a purchase on the site as a guest. If you forget or
do not know your password, you can initiate a reset password request.
A. You must be 18 or older to use our Services. If
you are under 18 years of age, you may only use our Services under the
supervision of a parent or legal guardian.
B. Honesty is essential. You agree to provide accurate
information about yourself. The use of false information or impersonation of another
person or company through your account is not permitted and will at a minimum result
in termination of your account and a lifetime ban from FarmHappy.
C. You must be polite. A username that is offensive,
vulgar, or infringes someone’s intellectual property rights violates the Terms.
In addition, any comments, items descriptions, images, or additional content
that is deemed offensive by FarmHappy violates the Terms and is subject to
removal from the site. FarmHappy reserves the right to deactivate accounts and
ban users based on inappropriate content.
D. Be responsible. You are solely responsible for all
activity on your account, even if you share an account with other people. If
you sell items on the Website, you personally guarantee that you have the
authority to agree to the Terms on behalf of the business you represent.
Accounts are not transferrable.
E. Protect your password. Keep your password secure at
all times. As we mentioned above, you are responsible for activity on your
account, so it is important that you keep your account information secure.
F. Be clear about our relationship. Creating an account with FarmHappy
or using our Services makes you an independent contractor with FarmHappy. No
agency, partnership, joint venture, employment or franchisee relationship with FarmHappy
is intended or created by the Terms.
5. Your Content
Any content that you post using our Services is your
content (hereinafter referred to as “Your Content”). FarmHappy makes no claim
to Your Content. That includes anything you post using our Services (profile
pictures, images, item descriptions, reviews, comments, etc.).
A. You are Responsible for Your Content. You understand that you are
solely responsible for Your Content. You represent that you have all necessary
rights to Your Content and that you’re not infringing or violating any third
party’s rights by posting it.
B. You Grant FarmHappy Permission to Use Your Content.
By posting Your Content through our Services, you grant FarmHappy a license to
use it. We don’t claim any ownership to Your Content, but we have your
permission to use it to help FarmHappy function and grow. That way, we won’t
infringe any rights you have in Your Content and we can help promote your store.
C. Rights You Grant FarmHappy.
By posting Your Content, you
grant FarmHappy a non-exclusive, worldwide, royalty-free, irrevocable,
sub-licensable, perpetual license to use, display, edit, modify, reproduce,
distribute, store, and prepare derivative works of Your Content to provide the
Services and to promote FarmHappy, your FarmHappy store, or the Services in
general, in any formats and through any channels, including across any FarmHappy
Services or third-party website or advertising medium.
D. Reporting Unauthorized Content.
FarmHappy greatly respects intellectual property rights, and is committed to following legal procedures to
remove infringing content from the Services. If content that you own or have
rights to has been posted to the Services without your permission and you want
it removed, please contact us
E. Inappropriate, False or Misleading Content.
In order to keep FarmHappy happy, there are types of content we don’t want posted
on FarmHappy’s Services. You agree that you will not post any content that is
abusive, threatening, defamatory, vulgar, obscene, or otherwise offensive or in
violation of any part of our Terms. You also agree not to post any content that
is false and misleading or uses the Services in a manner that is fraudulent or
deceptive. Inappropriate content will be removed solely at our discretion.
6. Your Use of Our Services
License to Use Our Services.
We grant you a limited, non-exclusive, non-transferable and revocable license to use our
Services—subject to the Terms and the following restrictions:
Termination By You.
We never like to see users go,
but we make it easy yo terminate your account with FarmHappy from your account
settings. If you need any help terminating your account, please contact us.
Termination By FarmHappy.
We may terminate or suspend
your account and your access to the Services at any time, for any reason, and
without advance notice. If we do so, it’s important to understand that you
don’t have a contractual or legal right to continue to use our Services, for
example, to sell or buy on our website. FarmHappy may refuse service to anyone,
at any time, for any reason.
If you or FarmHappy terminate your account, you may lose
any information associated with your account, including Your Content.
We May Discontinue the Services.
FarmHappy reserves the right to
change, suspend or discontinue any of the Services at any time, for any reason.
We will not be liable to you for the effect that any changes to the Services
may have on you, including your income or your ability to generate revenue
through the Services.
We may terminate or suspend The Terms will remain in effect even
after your access to the Service is terminated, or your use of the Service
8. Warranties and Limitation of Liability
Items You Purchase.
You understand that FarmHappy does not manufacture, store or inspect any of the items sold through our
Services. We provide the venue; the items in our marketplace are produced and
sold directly by independent sellers, so FarmHappy cannot and does not make any
warranties about their quality, safety or even their legality. Any legal claim
related to an item you purchase must be brought directly against the seller of
the item. You release FarmHappy from any claims related to items sold through
our Services, including for defective items, misrepresentations by sellers or
items that caused physical injury (like product liability claims).
Content You Access.
You may come across materials that you find offensive or inappropriate while using our Services. We make no
representations concerning any content posted by users through the Services. FarmHappy
is not responsible for the accuracy, copyright compliance, legality or decency
of content posted by users that you accessed through the Services. You release
us from all liability relating to that content.
People You Interact With.
You can use the Services to interact with other individuals, either online or in person. However, you
understand that we do not screen users of our Services, and you release us from
all liability relating to your interactions with other users. Please be careful
and exercise caution and good judgment in all interactions with others,
especially if you are meeting someone in person.
Our Services may contain links to third-party websites or services that we don’t own or control (for example,
links to Facebook, Twitter, Pinterest, and Stripe, among others). You may also need to use a
third party’s product or service in order to use some of our Services. When you
access these third-party services, you do so at your own risk. The third
party to those agreements; they are solely between you and the third party.
Our Services are provided “as is” and without any kind of warranty (express or
implied). We are expressly disclaiming any warranties of title,
non-infringement, merchantability and fitness for a particular purpose, as well
as any warranties implied by a course of performance, course of dealing or
usage of trade.
We do not guarantee that: (i) the Services will be secure or
available at any particular time or location; (ii) any defects or errors will
be corrected; (iii) the Services will be free of viruses or other harmful
materials; or (iv) the results of using the Services will meet your
expectations. You use the Services solely at your own risk. Some jurisdictions
do not allow limitations on implied warranties, so the above limitations may
not apply to you.
To the fullest extent permitted by law, neither FarmHappy, nor our
employees or directors shall be liable to you for any lost profits or revenues,
or for any consequential, incidental, indirect, special or punitive damages
arising out of or in connection with the Services or these Terms. In no event
shall FarmHappy’s aggregate liability for any damages exceed the greater of one
hundred ($100) US Dollars or the amount you paid FarmHappy in the past twelve
months. Some jurisdictions do not allow limitations on incidental or
consequential damages, so the above limitations may not apply to you.
We hope this never happens, but if FarmHappy gets sued
because of something that you did, you agree to defend and indemnify us. That
means you’ll defend FarmHappy (and any of our employees) and hold us harmless
from any legal claim or demand (including reasonable attorney’s fees) that
arises from your actions, your use (or misuse) of our Services, your breach of
the Terms or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however
we see fit, even if you are indemnifying us, in which case you agree to
cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of FarmHappy’s
Services or a third party, we encourage you to contact the other party and try
to resolve the dispute amicably.
When necessary, FarmHappy will attempt to help you resolve disputes in good faith and based solely on our interpretation of our
policies, in our sole discretion; we will not make judgments regarding legal
issues or claims. FarmHappy has no obligation to resolve any disputes.
Release of FarmHappy.
You release FarmHappy from any claims, demands and damages arising out of disputes with other users or parties.
11. Disputes with FarmHappy
If you have a problem with FarmHappy, let us know, and hopefully we
can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law.
The Terms are governed by the laws of the State of New Hampshire, without regard to its conflict of laws
rules, and the laws of the United States of America. These laws will apply no
matter where in the world you live.
You and FarmHappy agree that any dispute or claim arising from or relating to the Terms shall be finally settled
by arbitration, using the English language, administered by the American
Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then
in effect (those rules are deemed to be incorporated by reference into this
section). Our arbitration will be handled by a sole arbitrator in accordance
with those rules. Judgment on the arbitration award may be entered in any court
that has jurisdiction. Any arbitration under the Terms will take place on an
individual basis: class arbitrations and class actions are not permitted. You
understand that by agreeing to the Terms, you and FarmHappy are each waiving
the right to trial by jury or to participate in a class action.
Notwithstanding the foregoing, each party shall have the right to bring an
action in a court of proper jurisdiction for injunctive or other equitable or
conservatory relief, pending a final decision by the arbitrator.
We’re based in Rockingham County, New Hampshire, so any legal action against FarmHappy related to our Services must
be filed and take place in Rockingham County. That means the seat of any
arbitration shall be Rockingham County. For any actions not subject to
arbitration, you and FarmHappy agree to submit to the personal jurisdiction of
a state court located in Rockingham County, New Hampshire or the United States
District Court for the District of New Hampshire.
If you are a government agent or entity in the United
States using the Services in your official capacity, and you are legally unable
to agree to the clauses in this section, then those clauses do not apply to
you. In that case, the Terms and any action related to the Terms will be
governed by the laws of the United States (without reference to conflict of
laws) and, in the absence of federal law and to the extent permitted under
federal law, the laws of the State of New Hampshire.
12. Changes to the Terms
We may update these Terms from time to time. If we
believe that the changes are material, we’ll definitely let you know by doing
one (or more) of the following: (1) posting the changes through the Services or
(2) sending you an email or message about the changes. That way you can decide
whether you want to continue using the Services. Changes will be effective upon
the posting of the changes. You are responsible for reviewing and becoming
familiar with any changes. Your use of the Services following the changes
constitutes your acceptance of the updated Terms.
13. Some Additional Legal Information
The Terms, including all of the policies that make up the
Terms, supersede any other agreement between you and FarmHappy regarding the
Services. If any part of the Terms is found to be unenforceable, that part will
be limited to the minimum extent necessary so that the Terms will otherwise
remain in full force and effect. Our failure to enforce any part of the Terms
is not a waiver of our right to later enforce that or any other part of the
Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please contact us.