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Terms and Conditions

Earth Vendors Terms and Conditions of Use

Introduction

Welcome to earthvendors.com (the "Site"), owned and operated by Earth Vendors. By accessing earthvendors.com you agree to the following Terms and Conditions of Use. These Terms of Use are effective as of March 2019.

Using earthvendors.com

Earth Vendors is a marketplace that allows users to offer, sell and buy a variety products which has least 35% of the earth in the product's construction. The actual contract for sale is directly between the seller and buyer. You accept earthvendors.com "as-is" and choose to use it at your own risk. Despite the prohibitions below, earthvendors.com may contain inaccurate, inappropriate or possibly offensive material, and we assume no responsibility or liability for such material.

Earth Vendors has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

In connection with using or accessing Earth Vendors you will NOT:

  • Attempt to gain more than one membership;
  • Post, list or upload content or items in inappropriate categories or areas on our sites;
  • Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
  • Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • Fail to pay for items purchased by you, unless you have a valid reason as set out in an Earth Vendors policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller;
  • Fail to deliver items sold by you, unless you have a valid reason as set out in an Earth Vendors policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
  • Manipulate the price of any item or interfere with any other user's listings;
  • Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • Take any action that may undermine the ratings system;
  • Transfer your Earth Vendors account to another party without our consent;
  • Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • Distribute viruses or any other technologies that may harm Earth Vendors or the interests or property of users;
  • Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Earth Vendors;
  • Interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • Export or re-export any Earth Vendors application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Earth Vendors. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Earth Vendors or someone else;
  • Infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
  • Commercialize any Earth Vendors application or any information or software associated with such application, except with the prior express permission of Earth Vendors;
  • Harvest or otherwise collect information about users without their consent; or circumvent any technical measures we use to provide the Services.


Abusing earthvendors.com

We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off earthvendors.com if we think they are creating problems or acting inconsistently with the letter or spirit of our policies. Please report problems, offensive content and policy violations by emailing us at problem@shoplore.com.

If we believe you are abusing Earth Vendors and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account and access to our Services, delay or remove hosted content, remove any special status associated with your account, remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. At our discretion we reserve the right to refuse or terminate our Services to anyone for any reason of abuse.

If you are a seller and you offer, or reference, your contact information, or ask a buyer for their contact information with the idea of buying or selling outside of Earth Vendors, you may be liable to pay the seller's fee applicable for that item, even if the item does not sell, given your usage of Earth Vendors' Services for the introduction to a buyer.

Terms of Membership

All people living in the United States of America are allowed to have ONE membership to Earth Vendors. Because of our Seller's Bonus Product (sellers are allowed to sell one product without having to pay any Earth Vendor's commission charges) we have put into place added checks and controls to assure the ONE membership policy remains intact. The Earth Vendor program automatically looks for duplicates of the following personal information: email address, Paypal email address, home address and phone number. Any data point that is shared with another person will require both parties to prove ownership of that information. Attempting to purposely falsify information, or to gain more than one membership will result in the person being band from the website.

Types of Products That Can be Sold

Every product must have at least 35% of the earth in its make up. There are eight product categories: Art, Health, Pottery, Jewelry, Gardening, Raw Stones, Concrete and Metals.

Linking to Other Websites

No outbound links can be placed within the selling page of a product. Inbound links can be placed on selling pages. Up to two outbound links can be added to an article the seller has written. Outbound links from articles must take the viewer to a web page that is relevant to the product being sold.

Fees

Sellers are liable for transaction fees arising out of all sales made using some or all Earth Vendors' Services. There is no fee for uploading products. Each product sold (except for the Seller's Bonus Product) has a 10% fee assessed to it. This fee is automatically retrieved when payment of product is made. All payments are made through Paypal.

Conditions for Listing Products

When listing an item, you agree to comply with Earth Vendors' following policies:

  • You are responsible for the accuracy and content of the listing and item offered;
  • Your listing may not be immediately searchable by keyword or category for several hours;
  • All listings remain active at Earth Vendors until either sold or cancelled;
  • Content that violates any of Earth Vendors' policies may be modified, or deleted at Earth Vendors' discretion;
  • We may revise product data associated with listings to supplement, remove, or correct information;
  • Duplicate listings of the same product, but in different categories, is not allowed.


Conditions for Buying Products

When buying an item, you agree to Earth Vendors' policies for buyers:

  • You are responsible for reading the full product listing before making a commitment to buy;
  • You enter into a legally binding contract to purchase an item when you commit to buy an item;
  • We do not transfer legal ownership of items from the seller to the buyer.


Messages

Earth Vendors' automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Earth Vendors' User Agreement.

International Buying and Selling

At this time Earth Vendors does not allow for international buying and selling.

Liability

To the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of earthvendors.com even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to fifty US dollars ($50).

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Personal Information

By using earthvendors.com, you agree to the collection, transfer, storage and use of your personal information by Earth Vendors on servers located in the United States.

Returns

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. The cost of return shipping for an item that is not as described, arrives defective or is broken becomes the seller's responsibility. When a transaction is cancelled, and to refund the buyer, you (as seller) authorize Earth Vendors to request that PayPal remove the refund amount from your PayPal account.

General

These terms and the other policies posted on earthvendors.com constitute the entire agreement between earthvendors.com and you, superseding any conflicting parts of any prior agreements. This agreement is governed by the laws of the State of Arkansas they apply to agreements entered into and to be performed entirely within Arkansas between Arkansas residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Earth Vendors must be resolved by a court located in Washington County, Arkansas. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for reporting policy violations and intellectual property infringements, any legal notices from you to us shall be served to EarthVendors.com. We will send notices to you via the email address that you provide, or by registered mail to the address you provide. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update these terms at any time, with updates taking effect 30 days after they are initially posted on the Site. No other amendment to these terms will be effective unless made in writing, signed by users and by us.