Terms of Use

HARVESTAND.COM TERMS OF SERVICE/USE

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Last Updated April  22, 2015

This Terms of Service includes terms, conditions, and notices (collectively, “Terms”) that cover your use and access to the products, services, software, platform, websites, applications, content, and features (collectively, “Services”) provided by Tiki Teki Labs Inc., a Hawaii corporation doing business as Harvestsand (“Harvestand”). By using our Services, you agree to be bound by these Terms as well as our Privacy Policy, and incorporated by reference into these Terms.

If you are using Services as the employee, agent, or authorized representative of any entity or organization, you warrant you have the authority to agree to these Terms and do agree that these Terms shall be binding on behalf of such entity or organization.

If you are using these Services intending to be a Seller (as defined below) there are further obligations and terms that apply to you found in these Terms

By using Harvestand’s products and services, you agree that you are at least 18 years old and legally able to enter into a contract.

HARVESTAND DOES NOT PRODUCE, MAKE, HANDLE OR DELIVER ANY OF THE FOOD PRODUCTS, ITEMS, AND THE OTHER GOODS LISTED ON THE WEBSITE.  HARVESTSTAND.COM’S SOLE PURPOSE IS TO BE A VENUE TO PROVIDE INFORMATION. THE INFORMATION PROVIDED TO USERS IS SO THAT THEY CAN PURCHASE AND RECEIVE DIRECTLY FROM THOSE PERSONS, SELLERS, THAT HAVE LISTED THEIR PRODUCTS, ITEMS, AND ANY OTHER GOODS ON THE WEBSITE.  HARVESTAND DOES NOT PROVIDE ANY WARRANTY TO SELLERS’ PRODUCTS, ITEMS, GOODS OR SERVICES LISTED ON THE WEBSITES.

TERMS

1. DESCRIPTON OF SERVICES; ACCEPTANCE OF TERMS.

Harvestand provides Services, through its website comprised of various web pages, including www.Harvestand.com operated by Harvestand (“Websites” or “Website”), where the customer, you,  (“You” or “User”) can search for and purchase directly from person(s) selling food products, items, and other types of goods (collectively, “Sellers”) for the personal benefit of the User. These Sellers are also Users, that are using the Website and Services, to provide to You content, data, information, and advertising, related to the Seller’s the food products, items, and other types of goods that they are selling on the Website and through its Services. Harvestand is not affiliated with the Sellers and the Sellers are directly responsible for their content, data, information, and advertising You see displayed on the Website and Services.

The Websites and Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.  Your use of the Websites and Services constitutes your agreement to all such terms, conditions, and notices.  The Website may also contain additional terms that govern particular parts of the Services (for example, promotions, forums, or communication features) (“Additional Terms”). In the event that any of the terms, conditions, and notices contained in these Terms conflict with the Additional Terms or other terms and guidelines contained within the Website, then these terms shall control.

2. MODIFICATION OF TERMS; CONTINUED USE.

Harvestand may amend these Terms from time to time by posting an amended version on the Website and sending Recipient written notice thereof.  Any such amendment shall be deemed accepted by the User and become effective 15 (fifteen) days after such notice has been posted (the “Proposed Amendment Date”) unless User first gives Company written notice of rejection of the amendment.  In the event of such rejection, these terms shall continue under its original provisions, and the amendment shall become effective at the start of User’s next Term following the Proposed Amendment Date unless User first terminates these Terms. Rejection of any amendment or modification to the Terms means you agree to stop using the Website and Services.

YOUR CONTINUED USE OF THE WEBSITE AND SERVICES AFTER THE EFFECTIVE DATE OF SUCH POSTING OR BY NOTIFICATION MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE AMENDED TERMS. THESE TERMS MAY NOT BE AMENDED IN ANY WAY EXCEPT BY WRITTEN AGREEMENT BY THE PARTIES.

3. LICENSED USE OF THE WEBSITE AND SERVICES.

Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Website and Services as Harvestand intended for them to be used. As a registered Harvestand user, you are licensed to keep, for your own personal records, electronic or physical copies of documents or records that you may create on Harvestand. You may not copy the content produced by Harvestand or the Sellers on Harvestand’s Websites and Services for the purpose of sale outside of Harvestand.  Any rights not expressly granted in these Terms are reserved by Harvestand.

Resale or unauthorized distribution of content, materials downloaded from the website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of Harvestand.

4. NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Website and Services, you warrant to Harvestand that you will not use the Website and Services for any purpose that is unlawful or prohibited by these Terms and in general may not use the Website and Services for any other reason other than its intended purpose and use. You may not use the Website and Services in any manner, which could damage, disable, overburden, or impair the Website and Services or interfere with any other party's use and enjoyment of the Website and Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website and Services.

5. USE OF COMMUNICATION SERVICES.

The Websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication features or functions that are designed to enable you to communicate with the public at large or with a group or with Sellers (collectively, "Communication Services"), you agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

· Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.

· Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

· Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

· Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

· Conduct or forward surveys, contests, pyramid schemes, or chain letters.

· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

· Restrict or inhibit any other user from using and enjoying the Communication Services.

· Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.

· Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

· Violate any applicable laws or regulations.

Harvestand has no obligation to monitor the Communication Services. However, Harvestand reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Harvestand reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Harvestand reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Harvestand’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Harvestand does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Harvestand expressly disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Harvestand spokespersons, and their views do not necessarily reflect those of Harvestand.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.

6. REGISTRATION INFORMATION; ACCOUNT EMAIL COMUNNICATIONS.

We require that you create an account to use or access certain parts of the Website and Services and use certain products, services, and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Website and Services, you agree to (a) provide Harvestand with true, accurate, current and complete information as prompted by the Harvestand’s registration forms, when registering for or using the Website and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination.  Please contact us if you have questions about managing multiple accounts.

By creating an account, you agree that you may receive communications from Harvestand such as notices, newsletters, special offers, and account reminders and updates directly to your account on Harvestand.com or to an email address that you provided associated with your account. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email communication sent to your email address.

7. LIMITATION OF HARVESTAND WITH RESPECT TO SELLERS; SELLERS.

PLEASE NOTE IF YOU INTEND TO LIST ANY PRODUCT, ITEM, GOODS, OR SERVICES (“ITEM”) WITH THE INTENT TO SELL SUCH ITEM TO OTHER USERS THEN AS A SELLER YOU AGREE TO BE BOUND TO THESE TERMS THAT OUTLINE THE OBLIGATIONS OF SELLERS.

Harvestand is only an online platform, which provides the specific service of allowing a Seller to list content, data, information, and advertsing in order that the Seller sell their products, goods or services from them to other users.  Harvestand is not affiliated or hired to by any Seller to provide their items to users. The Seller is directly responsible to provide the benefit to other users.

Therefore, Harvestand does not endorse and is not responsible or liable for Seller’s content, information, data, advertising, products, goods or services available or unavailable from, or through, any third party or Seller. You agree that should you use or rely on such Seller’s content, data, information, advertisement, products, goods or services, available or unavailable from, or through any third party or Seller, Harvestand is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions or receipt of any goods or services of any Sellers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Seller exclusively and do not involve Harvestand. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Sellers.

Third parties and Sellers may link or otherwise direct Internet users to our Website for the purpose of utilizing the Services on the Website. Additionally, we may provide links or otherwise direct you to third party or Sellers’ websites. Harvestand does not control or operate any such third party or Seller websites. Any information you provide to these third party or Seller websites while on these third party or Seller websites is subject to the respective policies of those third parties or Sellers, and not Harvestand's policies. It is your responsibility to review such third party or Seller policies, including any relevant privacy policies. You agree that Harvestand will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Harvestand does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Seller Websites. You use these third party or Seller websites at your own risk.

You agree that Harvestand is not responsible for the accessibility or unavailability of any Seller or for your interactions and dealings with them, waive the right to bring or assert any claim against Harvestand relating to any interactions or dealings with any Seller, and release Harvestand from any and all liability for or relating to any interactions or dealings with Sellers.

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Sellers found on or through the use of the Websites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party or Seller. You agree that Harvestand shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Seller on the Harvestand Websites and Services.

7.1 SELLERS’ FEES AND BILLING.

Becoming a User and opening an account on the Websites and using its Services are free. Harvestand shall charge fees for the listing and posting products, items, and goods or services. When you list an item, you have an opportunity to review and accept the fees that you will be charged and decide whether you would like your listings to be automatically renewed.  Harvestands’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Services are effective after Harvestand provides you with at least fourteen (14) days' notice by posting the changes on the Websites. However, Harvestand may choose to temporarily change the Fees Policy and the fees for Harvestand's services for promotional events (for example, free listing days); such changes are effective when Harvestand posts the temporary promotional event on the Site. Harvestand may, at Harvestand's sole discretion, change some or all of Harvestand's services at any time. In the event Harvestand introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

In certain situations, including but not limited to a void or invalid transaction, Harvestand may issue a credit for the applicable fees to a Seller's billing statement.

You are responsible for paying all fees and applicable taxes associated with using Harvestand. Harvestand provides plans for both automatic and manual bill payment as outlined in Harvestand’s Billing Policy. Harvestand will send an invoice to the Seller’s email address on file detailing the amount due for the prior month’s fees and charges. The seller must pay the amount due in full within fifteen (15 )days of the date of the invoice, or the account will be considered past due.

7.2 FEES AND TERMINATION.

If Harvestand terminates a listing or your account, if you close your account, or if the payment of your Harvestand fees cannot be completed for any reason, you remain obligated to pay Harvestand for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the Seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, please email info@harvestand.com.

7.3 SELLING PROCEDURES AND LISTING.

All listings on Harvestand must be for sale. By listing any products, goods, or services (“item”) on the Site you warrant that you and all aspects of the item comply with Harvestand's published policies. You also warrant that you may legally sell the item that you listed. You must accurately describe your item and all terms of sale through the Websites and its Services. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

7.3A. PREMIUM LISTING. [RESERVED].

7.3B. ADVERTISEMENT SPACE ON SITE. [RESERVED].

7.4 SELLER’S POLICIES; SALES AND FEE AVOIDANCE.

All Sellers are urged to disclose Seller’s Policies with regard to the sale of the item. A Seller’s Policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. A Seller’s Policies must comply with Harvestand's Websites and Services policies and Terms. Sellers are responsible for enforcing their own reasonable Seller’s Policies. Harvestand reserves the right to request that a Seller modify their Seller’s Policies.

Sellers are responsible for accurately listing their items, and buyers, other users, are responsible for reading the description of items before making a purchase. All sales are binding. The Seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the Seller's listing (such as payment method), or (b) the Seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Harvestand transaction fees, misrepresent the item's location, or use another user's account without permission.

7.5 PROHIBITED AND INFRINGING LISTING BY SELLERS.

Sellers are responsible for your conduct and activities on and regarding to Harvestand and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Websites and use of its Services to sale your items to other users.

Restricted Activities: Seller’s Content and their use of Harvestand shall not:

· Be false, inaccurate or misleading;

· Be fraudulent or involve the sale of illegal, counterfeit or stolen items

· Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy as outlined in these Terms;

· Violate this Term, Harvestand’s guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

· Involve governments, entities, individuals, or items prohibited by applicable regulation or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies;

· Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC)as hazardous to consumers and therefore subject to a recall;

· Contain food or drugs or contain other such items that violate the applicable rules and regulations of the U.S. Food and Drug Administration, the Hawaii Department of Health and Safety and any other federal or state agency responsible for monitoring food and healthy safety related to those food, drug, or items;

· Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Harvestand staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;

· Interfere with another seller’s business or shop;

· Take any action that may undermine online reviews or feedback;

· Be obscene or contain child pornography;

· Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

· Host images not part of a listing;

· Modify, adapt or hack Harvestand or modify another website so as to falsely imply that it is associated with Harvestand;

· Appear to create liability for Harvestand or cause Harvestand to lose (in whole or in part) the services of Harvestand's ISPs or other suppliers; and

· Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy or other policy documents as posted on the Websites.

Furthermore, you may not list any item on Harvestand (or consummate any transaction that was initiated using Harvestand's service) that, by paying to Harvestand the listing fee or the final value fee, could cause Harvestand to violate any applicable law, statute, ordinance or regulation, or that violates the Terms.

8. TERMINATION OF ACCESS.

Harvestand may terminate your privilege to use or access the Websites and Services immediately and without notice for any reason whatsoever.  Upon such termination, you must immediately cease accessing or using the Websites and Services and agree not access or make use of, or attempt to use, the Websites and Services. Furthermore, you acknowledge that Harvestand reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Websites and Services.  You understand that Harvestand may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Harvestand.

All provisions of these Terms which by their nature should survive termination shall survive the termination of your access to the Websites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

9. TRADEMARKS AND COPYRIGHTS.

Harvestand, and other Websites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Harvestand in the U.S. and/or other countries.  These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the Websites and Services are protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Websites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Harvestand and/or its licensors and are protected by all United States and international copyright laws.

10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Harvestand respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement.  We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.  Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.  We may terminate access for users of the Site and Service who are infringers.

Notifying Harvestand of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Site: DMCA NOTIFICATION” info@Harvestand.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.  We will need the following information from you:

· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

· a description of the copyrighted work or other intellectual property that you claim has been infringed;

· a detailed description of where the material that you claim is infringing is located or found on the Websites and Services;

· your address, telephone number, and email address;

· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

· a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Providing Harvestand with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content.  If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA COUNTER NOTIFICATION” at info@Harvestand.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others.  If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

11. DELAYS AND ACCESSIBILITY

The Websites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Harvestand is not responsible for any delays, failures or other damage resulting from such problems.

12. WARRANTIES AND DISCLAIMERS.

You acknowledge that Harvestand has no control over, and no duty to take any action regarding: which users gain access to or use the Websites and Services; what effects the content on or in connection with the Websites and Services may have on you; how you may interpret or use the content on or in connection with the Websites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Websites and Services. You release Harvestand from all liability for you having acquired or not acquired content or information through the Websites and Services. The Websites and Services may contain, or direct you to Websites containing, information that some people may find offensive or inappropriate. Harvestand makes no representations concerning any content contained in or accessed throug