Terms and Conditions

2BuyAg Terms of Use

 

Effective Date:  December 7, 2016.

 

The website www.2BuyAg.com and its associated web pages (hereinafter, the “Site”) and the related mobile application (collectively with the Site, the “Application”) are owned and operated by 2BuyAg, LLC, a Missouri limited liability company (“2BuyAg,” “we,” or “us”).  The following terms and conditions of use (“Terms of Use”) and associated Privacy Policy constitute a legally binding agreement between you (“you”) and 2BuyAg.  Please carefully review the Terms of Use and Privacy Policy before using or registering with the Application, as your use of or registration with the Application constitutes your assent to be bound by the Terms of Use and Privacy Policy.  If you do not agree to the Terms of Use and Privacy Policy, you should not use or register with the Application.  Please be aware that 2BuyAg reserves the right to modify the Terms of Use or Privacy Policy at any time in its sole discretion simply by posting a revised Terms of Use or Privacy Policy in the Application.  Please review the posted terms on a regular basis as your use of the Application will be governed by the then-current Terms of Use and Privacy Policy.  Inquiries or concerns regarding the Terms of Use or the Privacy Policy may be sent via e-mail to info@2buyag.com  or by mail to Website Inquiries, 2BuyAg, LLC, 5199 County Rd 351, Fulton, MO 65251

2BUYAG’S PLATFORM & SERVICES:

Through the Application, 2BuyAg allows registered users to access and use 2BuyAg’s online platform (the “Platform”) that connects producers and buyers in an online marketplace setting (the “Services”).  The Platform and Services allow Producers and Buyers (as defined below) to (i) post information about their offered or requested products and goods, including specific criteria, product types, classifications and other details, (ii) search and review posted offers and requests for products and goods on the Platform and Producer and Buyer information and details, (iii) contact Producers and Buyers via an internal messaging system regarding posted offers and requests for products and goods, pricing for such products and goods, and transportation of purchased or sold products and goods, (iv) engage in transactions to purchase or sell posted products, (v) post peer reviews of Producers or Buyers after completing a transaction for products and goods, and (vi) generate and view custom reports regarding use of the Application as a Producer or Buyer.

The Application, Platform and Services are provided to facilitate connections between Buyers and Producers.  2BuyAg does not have any control over any contracts, agreements or transactions between you and a Buyer or Producer other than requiring payment through a selected third-party payment provider.  Therefore, you are responsible for all transactions you enter into with Buyers and Producers through the Application, Platform and Services.

USER REGISTRATION:

You will be required to register with 2BuyAg through the Application in order to access and use the Application and 2BuyAg’s Platform and Services.  The registration process requires you to provide certain information, including your name, email address, phone number, birthdate and password.  You will log in to the Application using your email address and password.  You are responsible for keeping your password confidential and are responsible for all activities (whether by you or others) that occur under your account.  You agree to notify us immediately of any unauthorized uses of your account or any other breach of security.  2BuyAg cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.

After registration, you will be able to create a “Buyer” profile and/or a “Producer” profile, which can allow you to use the Application, Platform and Services to arrange for the purchase of products (a “Buyer”) and arrange for the sale of products (a “Producer”).  In order to complete a Buyer or Producer profile, you will need to provide additional information about you and/or your organization, including organization type and address and payment information.  Once you have created a Buyer or Producer profile, you will be authorized to utilize additional features in the Application.

By registering with 2BuyAg, you represent and warrant that the information you provide during registration and the information you provide on the Platform are true and accurate to the best of your knowledge.  You agree not to submit false information such as name, address, email, and/or telephone number when registering with 2BuyAg.  By registering with 2BuyAg, you consent to receive periodic communication from 2BuyAg by e-mail regarding the status of your account or other information associated with your account.  For more information on how 2BuyAg may use the information you provide through registration, please see the Privacy Policy.

USER TRANSACTIONS & PAYMENTS:

All payments for transactions occurring through the Application and Platform are required to be accomplished through the third-party payment provider PayPal.  All Producers are required to provide a valid PayPal account email address designated as a “Business Account” in order to complete a Producer profile.  If the Producer does not have a current PayPal account, then a PayPal account will be created during the Producer’s first transaction.  Each Producer is responsible for maintaining its PayPal account and for all transactions occurring through the Application and Platform.

INTELLECTUAL PROPERTY RIGHTS:

The Application, the Platform and the Services contain software and other intellectual property protected by copyright, trademark, and other intellectual property laws.  Except as specifically provided below, 2BuyAg and its licensors retain exclusive ownership of all right, title and interest in and to the Application, Platform and Services, including any intellectual property associated with the Application, the Platform and the Services.  The Application additionally includes information and content posted in the Application by users of the Application, including Buyers and Producers.  All rights in such information and content remains solely owned by the user posting the information and content except for the licenses identified herein.

2BuyAg’s Limited License to You.  By registering with 2BuyAg, 2BuyAg grants you a limited, non-sublicensable, non-transferable and revocable right and license to use the Application, the Platform and the Services as authorized by these Terms of Use.  This license authorizes you to use the Application, Platform and Services, and any user information or content posted in the Application and Platform, solely for the purpose of identifying Buyers and Producers for the purchase or sale of products and goods posted in the Application and Platform, messaging Buyers and Producers regarding products and goods posted in the Application and Platform, engaging in transactions with Buyers and Producers for products and goods posted in the Application and Platform, and any other uses specifically authorized by these Terms of Use.  You may not use the Application, Platform or Services, or any user content made available thereon in any manner or for any purpose that would constitute infringement of 2BuyAg’s, our licensors’, or other users’ intellectual property rights.

Your License to 2BuyAg.  By registering with 2BuyAg, creating a Buyer or Producer profile, posting any content or information on the Platform or otherwise through the Application, or providing a peer review of another Buyer or Producer that you have completed a transaction with, you represent and warrant that the information is truthful and accurate, that you own all content and information submitted or otherwise have a license to post such content or information.  You represent and warrant that no content, information or materials of any kind submitted to the Application will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.  You hereby grant 2BuyAg a royalty-free and limited license to use, copy, transmit, or reproduce your data or information for the purpose of providing the Application, Platform and Services and as otherwise described in these Terms of Use.

USER POSTS, COMMENTS AND REVIEWS:

The Application allows users to create posts for the purchase or sale of food-related products and other goods.  By creating a Buyer post or Producer post, you represent and warrant that the information included is accurate to the best of your knowledge and that you or your organization intend to complete transactions based on the provided information.  2BuyAg reserves the right to review and/or remove any post submitted to the Application by you at any time and for any reason, in its sole discretion.

The Application also allows users to post peer reviews of Buyers and Producers after completing a transaction for the purchase or sale posted products or goods.  By posting a peer review, you represent and warrant that the information contained therein truthfully and accurately reflects your transaction with the Buyer or Producer.  2BuyAg reserves the right to review, remove and/or delete any peer review at any time and for any reason, in its sole discretion.

PROHIBITED ACTIVITIES:

The following activities are expressly prohibited from the Application and Platform:

  • Creating a user account, a Buyer profile or a Producer profile that (i) misrepresents you or your organization’s information or products, or (ii) violates another’s intellectual property rights;
  • Knowingly posting inaccurate, false or offensive content about you or your organization or another Buyer or Producer in the Application;
  • Harvesting or collecting information or content of other users of the Application, Platform and Services by electronic or other means for the purposes of sending unsolicited messages or other unsolicited communications;
  • Using the Application, Platform or Services, or content provided thereon, for any purpose other than to engage with Buyers or Producers in the Application to for the purchase or sale of posted products;
  • Engaging in activity that compromises the Application, Platform or Services, including but not limited to, hacking, IP attacks, worms, viruses, spamming, phishing or crashing;
  • Reverse engineering the Application, Platform or Services;
  • Engaging in any activity designed to impede the use of the Application, Platform or Services by other users, including overloading and flooding;
  • Framing or deep linking into the Application; and
  • Accessing the Application or Platform by means of an automated process, spiders, bots or similar device.

SUSPENSION AND/OR TERMINATION OF ACCOUNTS OR PROFILES:

2BuyAg may suspend or terminate your user account, including a Buyer or Producer profile at any time without notice.  You hereby agree that any breach of any terms in these Terms of Use may result in the immediate termination or suspension of your account and/or give rise to civil action against you.  The disclaimers herein and all restrictions on you regarding information obtained from the Application or Platform shall survive any cancellation or termination of your right to use the Application, Platform and Services.

LINKS TO THIRD-PARTY SITES:

Any links to other websites not owned or operated by 2BuyAg are provided solely as a convenience for you and other users.  2BuyAg’s listing of any third party does not create a partnership or affiliation with the third party.  2BuyAg’s listing of any third parties or third party sites does not constitute sponsorship or endorsement of these third parties.  You shall make a competent consumer decision before purchasing goods or employing the services of any linked or listed third party site.  You hereby assume all risk associated with obtaining goods or services from any third party.

NO UNLAWFUL OR PROHIBITED USE:

As a condition of your use of the Application, Platform and Services, you warrant to 2BuyAg that you will not use the Application, Platform and Services for any purpose that violates any federal, state or local laws or regulations or prohibited by these Terms of Use.  The Application, Platform and Services are operated from the United States.  Any use of the Application, Platform or Services that violates any applicable laws will be grounds for discontinuing your rights to access and use the Application, Platform and Services.

RELATIONSHIP OF THE PARTIES:

The Application, Platform and Services are provided by 2BuyAg to you and other users solely to connect Buyers and Producers of food-related products and other goods and to facilitate transactions between Buyers and Producers. You hereby agree that nothing in this Terms of Use will create any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and 2BuyAg.

WARRANTY DISCLAIMER:

THE APPLICATION, PLATFORM AND SERVICES, AND ALL INFORMATION AND CONTENT POSTED THEREON, ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  THIS INCLUDES ANY LISTING OF PRODUCTS OR GOODS PROVIDED BY USERS OF THE APPLICATION, PLATFORM AND SERVICES.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF, OR INABILITY TO USE THE APPLICATION, PLATFORM AND SERVICES.

THE APPLICATION, PLATFORM AND SERVICES ARE PROVIDED AS A CONVENIENCE TO YOU TO POST OFFERS AND REQUESTS FOR PRODUCTS AND GOODS, CONNECT YOU WITH OTHER USERS OF THE APPLICATION AND FACILITATE TRANSACTIONS BETWEEN YOU AND OTHER USERS OF THE APPLICATION.  ANY LISTING OR POST PROVIDED IN THE APPLICATION FOR AN OFFER TO SELL PRODUCTS AND GOODS, OR A REQUEST TO BUY PRODUCTS AND GOODS, DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP OR ENDORSEMENT BY 2BUYAG.  2BUYAG SHALL HAVE NO LIABILITY TO YOU OR ANY USER FOR ANY DAMAGES RELATED TO A BREACH OF A CONTRACT OR AGREEMENT ENTERED INTO BY YOU AND ANOTHER USER OF THE APPLICATION, INCLUDING FAILURE TO PERFORM OR FAILURE TO PROVIDE SATISFACTORY OR ADEQUATE PRODUCTS OR GOODS.

2BUYAG DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  2BUYAG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION, OR ANY INFORMATION OR CONTENT IN THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.  2BUYAG DOES NOT WARRANT THAT THE APPLICATION, PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION, PLATFORM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. 2BUYAG SHALL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES RELATED TO YOUR USE OF THE APPLICATION, PLATFORM OR SERVICES.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL 2BUYAG BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, CONTENT OR PROFITS, DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION, PLATFORM OR SERVICES, DAMAGES ARISING OUT OF THE DELAY OR INABILITY TO USE THE APPLICATION, PLATFORM OR SERVICES, DAMAGES RELATING TO ANY CONTENT, INFORMATION OR MATERIALS OBTAINED THROUGH THE APPLICATION, DAMAGES RELATING TO TRANSACTIONS ENTERED INTO BETWEEN YOU AND ANOTHER USER OF THE APPLICATION, OR DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, PLATFORM OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 2BUYAG HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

INDEMNITY:

You agree to indemnify, defend and hold harmless 2BuyAg, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Application, Platform or Services, including without limitation, violations of these Terms of Use or unauthorized use of another user’s posted information or content.

GENERAL:

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in Missouri in all disputes arising out of or relating to the use of the Application, Platform or Services.

2BuyAg’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of 2BuyAg’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Application, Platform or Services, or information provided to or gathered by 2BuyAg with respect to such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and 2BuyAg with respect to the Application, Platform and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and 2BuyAg with respect to the Application, Platform and Services.

 

 

CHANGE OF CONTROL:

In the event of a change of control of 2BuyAg, or the sale of substantially all of 2BuyAg’s assets, all rights of 2BuyAg hereunder shall be transferable without notice to you

COPYRIGHT COMPLAINTS:

2BuyAg respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 2BuyAg’s copyright agent with the following information.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location in the Application of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

2BuyAg’s copyright agent for notice of claims of copyright infringement in the Application can be reached as follows: info@2buyag.com .

QUESTIONS:

If you have any questions about 2BuyAg, the Application, Platform or Services, or these Terms of Use or the Privacy Policy, you may contact us through the following:

 

 

2BuyAg, LLC

5199 County Rd 351

Fulton, MO 65251.