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e-Farm

Terms & Conditions, and Privacy Statement

e-FarmTerms & Conditions

Terms & Conditions
Table of Contents
Description Page

1. Introduction………………………………………………………………………………… 4

2. About E-Farm……………………………………………………………………………… 4

3. Using E-Farm……………………………………………………………………………… 5-6

4. Feedback Policy….……………………………………………………………………….. 6

5. Minimum Performance Standards…………………………………………………….... 6-7

6. Transaction defect rate requirements………………………………………………….. 7-8

7. Cases closed without seller resolution…………………………………………............ 8-9

8. Policy Enforcement……………………………………………………………………….. 9

9. Fees………………………………………………………………………………………… 9

10. Standard Selling Fees…………………………………………………………………….
How fees are calculated 9

11. Basic fees…………………………………………………………………………………..
What you get for free 9-10

12. Listing Conditions…………………………………………………………………………. 10

13. Rules For Listing…………………………………………………………………………..
Basics 11

14. Offers to buy or sell outside of e-Farm…………………………………………………. 12

15. Profile policy………………………………………………………………………………..
Policy overview 12-13

16. Links policy………………………………………………………………………………… 13-14

17. Selling Practices Policy…………………………………………………………………...
Creating legally compliant listings 14

18. e-Farm's guidelines on creating legally compliant listings……………………………. 14

19. Create your own listing content…………………………………………………………. 14-15

20. Make sure the statements in your listing are accurate……………………………….. 15

21. Use brand names appropriately………………………………………………………… 15

22. Make sure your item is authentic……………………………………………………….. 15

23. Location misrepresentation policy………………………………………………………. 15

24. Purchase Conditions………………………………………………………………………
Rules For Buyers 16

25. Rules about Feedback…………………………………………………………………… 16

26. If you're having a problem with a seller………………………………………………… 16-17

27. Reporting policy violations……………………………………………………………….
If you want to report a policy violation 17

28. International Buying and Selling; Translation………………………………………….. 17

29. Content…………………………………………………………………………………….. 18

30. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code…………………........
18

31. What to do if you didn’t receive an item or it doesn’t match the listing description……
If you didn't receive an item
If an item doesn’t match the listing description
18-19

32. About refunds……………………………………………………………………………… 19

33. Timing………………………………………………………………………………………. 19

34. Timelines…………………………………………………………………………………… 19

35. Holds……………………………………………………………………………………….. 19-20

36. Authorization to Contact You; Recording Calls……………………………………….. 20

37. Privacy of Others; Marketing…………………………………………………………….. 20

38. Non-Circumvention……………………………………………………………………….. 20-21
39. Additional Terms ………………………………………………………………………….
Returns and Cancellations 21
Refunds…………………………………………………………………………………….. 21
When the item isn't as described………………………………………………………... 21
Cancel a transaction……………………………………………………………………… 22
Respond to a cancellation request from a buyer……………………………………… 22
PayPal fees……………………………………………………………………………….. 23
Replacements and exchanges………………………………………………………….. 23
Timeline for replacements……………………………………………………………….. 23
Return shipping charges…………………………………………………………………. 24
When you're responsible for return shipping charges…………………………………
e-Farm Money Back Guarantee 24

40. Disclaimer of Warranties; Limitation of Liability……………………………………….. 24-25

41. Release…………………………………………………………………………………….. 25

42. Indemnity…………………………………………………………………………………… 25

43. Legal Disputes………………………………………………………………………………
A. Applicable Law
B. Agreement to Arbitrate
C. Judicial Forum for Legal Disputes
26-30
44. General……………………………………………………………………………………… 30-31

45.
Acknowledgment……………………………………………………………………………
31

Introduction

This User Agreement, the Privacy Policy, the Mobile Devices Terms, and all policies posted on our sites set out the terms on which e-Farm offers you access to and use of our sites, services, applications and tools (collectively "Services"). All policies, the Mobile Devices Terms, and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.

The entity you are contracting with is e-Farm, Inc., a company organized under the laws of the Commonwealth of Puerto Rico, USA (hereinafter referred to herein as “e-Farm”).

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see ("Agreement to Arbitrate")). Unless you opt out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

About e-Farm

e-Farm is a marketplace that allows users to offer, sell and buy just about anything stemming from sustainable, organic, and agro-ecological agriculture, as interpreted from time to time, in the sole discretion of e-Farm, in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. e-Farm is not a wholesaler, retailer nor an auctioneer.
While we may provide pricing, shipping, listing, item descriptions and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, e-Farm 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.

Using e-Farm

In connection with using or accessing the Services you will not:
• 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 or 21 depending on where you legally reside), 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 e-Farm policy, for example, the seller has materially changed the item's description after you made the order, a clear typographical error is made; When a buyer purchase an item, the buyer is obligated to complete the purchase by sending full payment to the seller. Unpaid items on a buyer's account may result in a range of consequences, including limits on or loss of buying privileges. Even if you don't have excessive unpaid items, we may limit your buying until you've established a good buying history or paid for the items you've committed to.
• fail to deliver items sold by you, unless you have a valid reason as set out in an e-Farm policy, for example, the buyer fails to comply with the posted terms in your listing;
• manipulate the price of any item or interfere with any other user's listings;
• post false, inaccurate, misleading, defamatory, or libelous content;
• take any action that may undermine the feedback or ratings systems (see Feedback Policy);
• transfer your e-Farm account (including Feedback) and user ID 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 e-Farm, or the interests or property of users;
• use any robot, spider, scraper, or other automated means to access our Services for any purpose;
• bypass our security, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any e-Farm tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to e-Farm, or that comes from the Services and belongs to another e-Farm user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of e-Farm and/or any other party holding the right to license such use;
• commercialize any portion of e-Farm or any information or software associated with the Services;
• harvest or otherwise collect information about users without their consent; or
• circumvent any technical measures we use to provide the Services.
Sellers must meet e-Farm's minimum performance standards.

Feedback Policy

Feedback is an open forum where users can leave comments about their experiences with their transaction partners. It's important to remember that, in most cases, the Feedback you leave is permanent. Also, there are a few things we won't allow.
Buyers aren't allowed to use threats of poor Feedback or low detailed seller ratings to get something that wasn't part of the original listing. Sellers aren't allowed to demand positive Feedback from buyers.
Buyers aren't allowed to attempt to damage a seller's Feedback through a series of repeat purchases, or to leave negative comments with a positive feedback rating.
Sellers can't include terms or conditions in a listing that limit or restrict the buyer's right to leave Feedback.
Ratings and comments are generally a permanent part of a user's Feedback Profile. However, there are a few situations when we might remove or adjust Feedback related to a defect that's been removed, or Feedback comments that include, for example, links, profanity or other inappropriate content.

Minimum Performance Standards

Failure to meet these standards may result in e-Farm limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing e-Farm in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any rea3son at our discretion.

As a seller, you're expected to:
• Promptly resolve customer issues.
• Ship items on time, within your specified handling time
• Manage inventory and keep items well stocked
• Charge reasonable shipping and handling costs.
• Specify handling time and accurate inventory numbers in the listing.
• Follow through on our satisfaction guarantee and return policy.
• Respond to buyers' questions promptly.
• Be helpful, friendly, and professional throughout a transaction.
• Make sure the item is delivered to the buyer as described in the listing.
Keep in mind, too, that if you don't meet buyers' expectations, it can lead to:
• A bad experience for you and the buyer
• Low detailed seller ratings
• Negative or neutral Feedback from a buyer
• A buyer requesting a return or reporting that an item was not properly received
• A buyer asking us to step in and help with a transaction issue

Transaction defect rate requirements

The transaction defect rate is the percentage of your transactions that have one or more of the following defects:
• E-Farm’s Money Back Guarantee and PayPal Purchase Protection cases closed without seller resolution
• Seller-initiated transaction cancellation
To meet our minimum standard, you can only have up to 2% of transactions with one or more defects over the most recent evaluation period. To qualify as a Top Rated Seller, you can only have up to 0.5% of transactions with one or more defects over the most recent evaluation period.
The defect rate won't affect your seller performance status until you have transactions with defects with at least 5 different buyers, or at least 4 different buyers to impact Top Rated status, within your evaluation period.
You can have a maximum of 0.3% of e-Farm Money Back Guarantee or PayPal Purchase Protection closed cases without seller resolution, and re-fulfilment cases over the most recent evaluation period. That means the buyer reported they didn't receive an item, asked to return an item, or opened a PayPal Purchase Protection case, you weren't able to resolve it, the buyer asked us to step in and help, and we found you responsible, and you had to re-fulfil the order because the client was not satisfied.
Sellers with 400 or more transactions over the past 3 months are evaluated based on the past 3 months and sellers with fewer than 400 transactions are evaluated based on the past 12 months.

Cases closed without seller resolution

For the e-Farm Money Back Guarantee, when a buyer initially starts a return because the item didn't match the listing description or reports that they didn't receive an item on time, the transaction issue is called a 'request'. If the buyer and seller can't resolve the problem, and the buyer or seller asks us to step in and help with the transaction, the request then becomes a 'case.' For PayPal Purchase Protection, the transaction issue is a 'case' throughout the process.
The number of cases closed without resolution is an important indicator of how well a seller may be meeting buyer expectations on e-Farm, and is a measure of overall seller performance.

A case closed without seller resolution is any case the seller is unable to resolve with the buyer prior to the buyer asking us to step in and help with a request, or escalating a case to PayPal for review, and e-Farm or PayPal determines the seller is responsible.

Here are the minimum case requirements all sellers are expected to meet. The percentage requirement applies after the account has exceeded the maximum number of occurrences.

To meet our minimum standard, you can only have up to .3% of transactions without resolution and up to two occurrences over the most recent evaluation period.
• Sellers with 400 or more transactions over the past 3 months are evaluated on their transactions with US buyers from the last 3 calendar months. For all other sellers, the rate is calculated from transactions with US buyers over the last 12 calendar months.
• Any case or return that is referred to e-Farm or PayPal for review and is found in your favor—or found to be no fault of the buyer or seller—won't count against your performance rating
If your account doesn't meet the standards, you:
• Need to resolve all issues on the account before buying or selling with other accounts
• Can't register for a new account
• Can't use an existing eBay account to avoid buying and selling limits or other policy consequences

We monitor for sellers who may be creating poor buying experiences at higher rates, in shorter timeframes, or in different areas than other sellers, according to these standards. These accounts may be restricted, limited, suspended, or have their seller level changed to below standard.

Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

Fees

The fees we charge for using our Services are listed as follows:

Standard Selling Fees

How fees are calculated

If the item sells, you're charged a final value fee of 17%. Final value fees are calculated based on the total amount of the sale and are charged per item. Thus, 17% of the total amount of the sale per item.
The total amount of the sale is the final price of the item, shipping charges, and any other amounts you may charge the buyer. Sales tax is not included.

Basic fees

What you get for free
• Insertion fees for your listings on e-Farm are free.
• When your item is listed on other e-Commerce sites or channels you may be charged a listing (or insertion) fee. If applicable, you're charged one insertion fee per listing, regardless of the quantity of items.

Other terms
• Seller fees don't purchase exclusive rights to web pages on e-Farm. We may, in our sole discretion and without consent from or payment to sellers, display third-party advertisements (including links and references thereto) and listings from sellers or other sellers on any other web page.
• When you submit your listing, it might not appear immediately in a keyword or category search. This can take more than 24 hours. Therefore, we can't guarantee exact listing durations.
• Depending on the tax legislation of your country of residency, local Value Added Tax (VAT), Goods and Services Tax (GST) or similar consumption tax might apply in addition to your e-Farm fees.
• All fees are in US dollars.

We may change our seller fees from time to time by posting the changes on the e-Farm site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

You must have a payment method on file when selling on E-Farm and pay all fees and applicable taxes associated with our Services.
Listing Conditions

When listing an item, you agree to comply with E-Farm's listing and selling policies and that:
• 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 some time (or up to several days in some circumstances). e-Farm can't guarantee exact listing durations;
• Content that violates any of e-Farm's policies may be deleted at e-Farm's discretion;
• We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
o buyer's location, search query, browsing site, and history;
o item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
o seller's history, including listing practices, Detailed Seller Ratings, e-Farm policy compliance, Feedback, and defect rate; and
o number of listings matching the buyer's query.
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
• Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
• We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.

Rules For Listing

Basics

Find out if the item you want to sell is prohibited or subject to restrictions for sale or delivery.

Is an item genuine? Describe items accurately.

Become a better seller by providing excellent customer service and following the guidelines in this policy.
Be cognizant we're protecting copyrights, trademarks, and other intellectual property rights.
Hateful, offensive, profane, or vulgar language isn't allowed, though there are a few exceptions.
The duplicate listings policy is designed to help you list in a way that makes it easy for buyers to find and compare items that interest them.
You can't have more than one listing of an identical item with the same price and same lot size at the same time.
These restrictions on duplicate listings include listing an identical item in different categories or listing an identical item using different user IDs.
If your listings don't follow these guidelines, they may be ended or not displayed in the e-Farm search results. You may also be subject to a range of other actions, including limits of your buying and selling privileges.
Listings are considered duplicates if they are for items that have no significant difference between them, or if the listings appear to be for the same item in search results. To prevent your listings from being treated as duplicates, make sure you clearly show the differences in the title, price, condition, photo, subtitle, item specifics, or in the parts compatibility areas of a listing. We may also look at other parts of the listing, such as the description, to determine whether it's a duplicate.

Provided you may have:
• Listing offering with multiples of an item.
• Two or more listings to sell bundles or "lots" of items, where the lots or bundles are very different and clearly satisfy different buyer needs.
• Listings with variations.

Offers to buy or sell outside of e-Farm
We don't allow our members to use e-Farm to contact each other to make offers to buy or sell items outside of e-Farm. Also, members can't use information obtained from e-Farm to contact each other about buying or selling outside of e-Farm.
If you receive an offer to buy or sell outside e-Farm, please report it!
Make sure you follow these guidelines. If you don't, you may be subject to a range of actions, including limits of your buying and selling privileges and suspension of your account.
Sellers can use e-Farm’s chat or messaging features to send customized offers to buyers and close the transaction outside of e-Farm.
Offers to buy or sell outside of e-Farm are a potential fraud risk for both buyers and sellers, and are not protected by any e-Farm Guarantee and other buyer protection program. Additionally, these offers may be an attempt to avoid e-Farm fees. This is unfair to other sellers and violates our policies.

Profile policy

Policy overview
Use your profile, products and recipes to find other members with similar interests, or to promote yourself and build trust with potential buyers and sellers.
We don't allow users to promote in their profile, unless they are farmers or a brand. We also don't allow members to include links outside of e-Farm. Unless otherwise stated, your profile products and recipes you create must follow all listing policy guidelines.

Make sure your profile, products and recipes follow these guidelines. If they don't, they may be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account.

Guidelines

You may incur
• Using your profile to let other e-Farm members and visitors know who you are
• Displaying the items you're selling
• Displaying Feedback you've received
• To show other members items you like
• Telling other members what your practices, products and interests are

You may not incur in
• Promoting the sale of items outside of eBay
• Contact information
• Including sexual explicit content
• Including employ profanity or offensive
• Including gratuitous comments about other users or listings
• Promoting services or items that are not allowed on e-Farm
• Violations of our other listing policies

Your profile, products, recipes and reviews allow you to share information about yourself or your company, and your interests with other members. These pages help to promote trust and confidence with potential buyers and sellers. We don't allow members to use their profile or collections to sell merchandise outside of e-Farm.

Links policy

In general, when listing items on e-Farm, you can include links that are solely intended to provide additional details about the items. Links should only be used when that information can't be included in the listing itself. This can include links to additional images, technical specifications, manufacturer warranties, and other information that can help buyers make an informed buying decision. Links that point to a third-party website, such as image hosting and auction template sites, are also allowed.

We don't allow links to non e-Farm sites where other items are offered for sale. We continually review links on the site and reserve the right to block any link considered unsafe for our members.

Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including limits on your buying and selling privileges and suspension of your account.
You cannot include links to social media sites, such as Facebook, from your profile.

Your listings and other e-Farm pages can't include:
• Links to websites or pages that solicit e-Farm user IDs, passwords, or email addresses from members.
• Links to websites or pages that encourage buyers to sell or buy.
• Links or other connections to live chat systems outside or unrelated to e-Farm. You may not include your chat user names in your listing, nor a link to chat.
• Links or solicitations to subscribe to non e-Farm newsletters or mailing lists.
• Links to websites or pages offering items that are not allowed on e-Farm.
• Links to web pages that offer to trade, sell, or buy goods or services outside of e-Farm, including other auction-style websites.
• Links to websites or pages that show material that is inappropriate for general audiences.
• Quick Response (QR) codes that would violate this policy.
• An image or logo presenting or advertising a website outside of e-Farm.
Buyers expect to complete their purchase on e-Farm and have it covered by the Satisfaction or Money Back Guarantee. Not all links are helpful or safe, and some links could give sellers an unfair advantage. This policy helps make sure that listings don't include inappropriate or unsafe links and helps keep the site fair for sellers.

Selling Practices Policy

Creating legally compliant listings
As a seller, you're ultimately responsible for the legality of any item you offer for sale on e-Farm and the listing describing that item, and your recipes. If your item or listing violates e-Farm’s policy or is reported to e-Farm by an intellectual property rights owner as violating its rights, the listing may be removed from e-Farm.

Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.
e-Farm's guidelines on creating legally compliant listings

The following are general guidelines to help you create listings that don't infringe the intellectual property rights of others. However, these guidelines aren't intended to constitute legal advice. Given the wide range of products available for sale on e-Farm, we can't be experts in the specific intellectual property concerns regarding each item, and can't offer brand-specific advice. If you have specific questions about the legality of your item, you should seek advice and counsel or contact the brand manager or an intellectual property attorney. Please note that the guidelines apply not only to items you list but also to the content in your profile.

Follow these guidelines when selling an item on e-Farm to help you create legally compliant listings:

Create your own listing content
• Don't "borrow" text or images (including photos) from other listings on eBay, manufacturers' websites, third-party product catalogs, or other sources without specific permission from the owner. Contrary to popular belief, simply because images and text can be found somewhere on the Internet, it doesn't necessarily mean that they aren't protected by copyright laws. Copyright laws apply to the Internet, and manufacturers or other copyright owners may object to the use of text or images that they own or have created.
• Write your own descriptive text for your listing and take your own photos.
Make sure the statements in your listing are accurate
• Make sure that all statements and claims in your listing are true and complete. Rights owners may object to listings that contain false, inaccurate, or misleading claims about their brands or products. If you're not sure if a statement you want to make is allowed or is true, double-check it and rely only on credible sources. Someone on a message board may sound like they know what they're talking about, but you're the one who will be responsible for the content.
• Making sure your listing is accurate and complete will not only help you avoid intellectual property concerns, it will also help buyers understand what they're buying, eliminating miscommunications that might lead to a poor transaction and negative Feedback.
Use brand names appropriately
• If you're selling a brand name product, you can mention the brand name in your listing and include photos that you've taken of the item you're selling. However, don't suggest that you're an official dealer/reseller if you're not, and don't use the manufacturer's text, images (including photos), or logo unless you're authorized to do so by the manufacturer.
Make sure your item is authentic
You can't list replicas, fakes, counterfeits, or other illegal copies on e-Farm. For example, you can't list an item that bears the brand name or logo of a company that didn't manufacture or authorize the product. Under the law, it's no excuse to say that you didn't know the item you were selling was a counterfeit. It's your obligation to investigate your source for the product and stand behind everything you sell.

Location misrepresentation policy

Sellers must be clear and accurate about their location and place of origin of products. We don't allow false, inaccurate, vague, or misleading information about the location of a farm, an item and place of origin of products in the profile or product description. Also, when listing items for sale, sellers are expected to provide the city, state and country of their item so shipping charges and delivery times can be accurately calculated and communicated to buyers.
Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account.

Purchase Conditions

Rules For Buyers

You can't use e-Farm if your account contains false information.
Buyers and sellers sometimes need to be able to get in touch with each other, and we need to be able to contact our members.
You must pay for any item you commit to buying.

Make sure that you read the listing description before you buy.

Many of the problems buyers and sellers encounter are the result of simple misunderstandings about what is for sale and its attributes.

You can't offer to buy items outside of e-Farm.

Our policies don't cover items bought outside of our site. If you buy items outside of e-Farm, we don't protect you against fraud. Sellers must follow the same rule, so if a seller offers to sell you something outside of e-Farm, don't accept the offer.

Rules about Feedback
• You can't abuse the Feedback system.
This means you can't threaten to leave a seller negative Feedback if that seller won't do something that wasn't promised in the original listing.
Also, you can't leave Feedback if you're only doing it to help increase a seller's Feedback score.

If you're having a problem with a seller
• Be honest and have good intentions when you try to resolve a transaction problem.
Attempts to manipulate the e-Farm’s Money Back Guarantee are prohibited and can have serious consequences.
When buying an item, you agree to follow our rules and that:
• You are responsible for reading the full item 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 or if your order is confirmed by the seller or farmer (or your order is otherwise accepted).
• We do not transfer legal ownership of items from the seller to the buyer.
• The laws of the Commonwealth of Puerto Rico, USA apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

Reporting policy violations

If you want to report a policy violation:
1. First, read the policy page that deals with the violation and make sure the other member is really breaking the rules.
2. If you still want to report a member, go to Contact Us and select the topic that best describes the issue and contact us.
Reports of policy violations must be specific and you must submit them with the intent of addressing a known or suspected violation of our policy. False reporting of policy violations can have serious consequences.
Report a listing only once. Multiple emails about the same listing slow down our investigation.
When we receive your report, we look at all the circumstances, including the member's history, before we decide whether to take action. If we aren't sure about something or can't prove it with certainty, we may not take any action. In addition, we won't discuss the results of an investigation.

International Buying and Selling; Translation

Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

You may list your items directly on the e-Farm site and we may do so in other channels. When you sell your items internationally, you agree to be subject to our international selling policies.

You may restrict international buyers from purchasing your items if you explicitly exclude international delivery from your listings and apply such exclusion to your listings.

You authorize us to use automated tools to translate your e-Farm content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

Content

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, fully permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicenses, or our assignees.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.

You agree not to remove any copyright, proprietary or identification markings included within third party content or create any derivative works based on third party content (other than by including them in your listings).
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.
What to do if you didn't receive an item or it doesn't match the listing description

Shop with confidence on e-Farm. We're here to help.

If you didn't receive your item or it doesn't match the listing description, your purchase price plus original shipping may be covered by our Satisfaction Guarantee or Money Back Guarantee program. If you have a problem, we're here to help.
If you didn't receive an item
• After you pay for your item, check for the order confirmation notification. With that you will be able to estimate the Next Day delivery date of your purchase on e-Farm.
• FedEx will provide you with shipment tracking information when the seller shipped the item.

If the estimated delivery date has passed, or you didn't receive tracking information, and you haven't received your item, the e-Farm’s Satisfaction Guaranteed or Money Back Guarantee can help.
If an item doesn't match the listing description
If the item doesn't match the listing description, start a return request.

About refunds
• If the seller gives you a refund, you usually receive it through the same payment method that you used to pay for the item.
• If you bought an item with a payment method other than PayPal, such as Stripe, we ask you to confirm receipt of the refund.
• A full refund is one that covers the cost of the item and original shipping. If you've received an item and want a full refund, you usually need to send the item back to the seller.
Timing
If you open a return request for an item that didn't match the listing description, or report that you didn't receive an item, you have a limited amount of time to take some actions. Be sure to follow these time guidelines.
Timelines
• If you haven't received an item: You can report that you didn't receive the item and open a request for a refund after the estimated delivery date has passed. You must open the request within 24hurs of the estimated delivery date.
• If you received an item and it doesn't match the listing description: You can open a return request no later than 24 hours after the actual (or latest estimated) delivery date. If no estimated delivery date is available, we consider the latest estimated delivery date to be 7 days from the payment date for transactions between a buyer and seller.
The seller has 3 business days to resolve the issue from the time you start a return request for an item that doesn't match the listing description, or request a refund for an item you didn't receive. If 3 business days have passed since you started your request and the seller hasn't resolved the issue, you can ask us to step in and help. If you don't contact us within 24 hours of starting a request, we assume the issue has been resolved and we close the request.

Holds

To protect e-Farm from risk of liability for your actions as a seller, e-Farm has at times restricted access to funds to sellers based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of an e-Farm Money Back Guarantee claim. This may result in PayPal restricting funds to your account.
Authorization to Contact You; Recording Calls
e-Farm may contact you using telephone calls, e-mail, text messages, at any telephone number that you have provided us, or social media account, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. e-Farm may also contact you using calls, social media and text messages for marketing purposes (e.g., offers and promotions). As described in our User Privacy Notice, e-Farm may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits.

e-Farm may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with e-Farm or its agents for quality control and training purposes or for its own protection.

Privacy of Others; Marketing

If e-Farm provides you with information about another user, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

Non-Circumvention

e-Farm provides users with information about another user, or provides such users access to sellers’ profile, recipes and products, and seller henceforth markets or pursue direct sales to such users on e-Farm, the sellers may not, directly or indirectly divert, or attempt to divert, any business opportunities from e-Farm to any third parties, or take them upon themselves to pursue business opportunities with other users independently, without the express written consent of e-Farm.

As a condition to the use of the e-Farm services the sellers, nor any of its members, parent companies, affiliates or other related entities or persons, nor any shareholder, trustee, partner, director, officer, manager, employee, agent or representative, or any person acting for or on behalf of any of the foregoing entities or persons, shall solicit, pursue, negotiate, work or consult with any other third party with respect to the development, construction or management of an e-commerce solution for the sale of its products, without the express written consent of e-Farm, unless as of the date of seller’s registration with e-Farm it already had sales through an online store or online auction site. Moreover, the sellers may not, directly or indirectly divert, or attempt to divert, any business opportunities from e-Farm to any third parties, or take them upon themselves to pursue such business opportunities independently, without the express written consent of e-Farm.

Additional Terms
• Returns and Cancellations
You agree to comply with our returns policy.
Refunds
Refund amounts are automatically adjusted for any restocking fees or shipping charges, depending on the reason for return.
When the item isn't as described:
If a buyer returns an item because it's not as described in the listing, of arrives damaged, then your refund to the buyer is: Total purchase price (includes item cost, other charges, sales tax pad by buyer) + Original shipping (if paid by buyer) = Total Refund

When an item is deemed for return, to refund the buyer, you (as seller) authorize e-Farm to remove the refund amount (in same or other currency) from your cash account at e-Farm, place the amount on your invoice, and/or charge your payment method on file.
The cost of return shipping for an item that is the seller's responsibility.
You (as seller) authorize e-Farm to place the return shipping label cost on your account, invoice, your cash account at e-Farm, or subject to your automatic payment method on file when:
o An e-Farm-generated return shipping label is used, and the seller is responsible for its cost;
o Returns have been automated; and/or
o You fail to send your buyer a return shipping label and, instead, an e-Farm-generated shipping label is used.
When a transaction is cancelled, to refund the buyer, you (as seller) authorize e-Farm to remove the refund amount (in same or other currency) from your cash account at e-Farm.

Cancel a transaction

Transactions are final once they have been confirmed by the seller, unless they do not arrive within the expected delivery date or are not as advertised. When you need to cancel a transaction, it's a good practice to first let the buyer know you're canceling it and why.

You can cancel a transaction:
• Before the seller confirms the transaction
• Up to 24 hours after the delivery under the Satisfaction Guarantee or

Money Back Guarantee

If there were multiple items in the purchase, you can only cancel the entire transaction, not individual parts of the order.
Respond to a cancellation request from a buyer
A buyer can request to cancel a transaction up one (1) day of purchasing the item, even if they've already paid for the item, but before the seller confirms the transaction.
When a buyer asks to cancel a transaction, you have 3 days to approve or decline the request.
If you approve the cancellation request and the buyer has already paid for the item, e-Farm has 10 days to process the refund to the buyer.
If your buyer cancels a purchase, they can't leave you negative or neutral Feedback or low detailed seller ratings about the transaction.

Things to keep in mind

If the seller cancels a transaction by not confirming it, the buyer may be disappointed or feel that you didn't honor your side of the bargain. Keep in mind that:
• If you cancel a transaction, it may be considered a defect and count against your seller performance.
• If you cancel a transaction, the buyer can still leave you negative or neutral Feedback about the transaction.
• When you list an item, you enter a legally binding contract to complete the transaction if the item is sold. If you cancel the transaction, there could be other negative ramifications.
• Once the cancellation is complete, you can't ask us to step in and help with the transaction, and you can't reopen the cancellation request.

PayPal fees

When you issue a refund, your variable PayPal fee is refunded based on the total refund amount. Your fixed PayPal transaction fee isn't refunded
If you send a new item as part of a replacement or exchange to your buyer instead of issuing a refund, there is no change to your PayPal fees.

Replacements and exchanges

If an e-Farm seller has inventory available, he/she/it may want to offer a buyer who is returning an item the option of getting a replacement or an exchange, instead of a refund.
When your buyer initiates a return for a replacement or exchange, we guide you through the process step by step.

Things to keep in mind:
• Items eligible for replacement or exchange are those where the total refund amount for the original item would be less than $250.00.
• Once your buyer initiates a return with a replacement or exchange request, you won't be able to use the funds from the transaction to purchase a shipping label on e-Farm for the new item.
• If the buyer returns the item with a request for a replacement or exchange and no suitable item is available, you're required to issue a refund instead, without receiving an out of stock defect.
• If the buyer doesn't return the original item, you're paid for the item.
Timeline for replacements:
• You must send the new item within 5 business days of the return request being initiated in the system and your order replacement confirmation.
• If you haven't shipped the new item within 5 business days, you're asked to issue a refund to the buyer.
• If you fail to send a new item to the buyer, we will ask you to issue a refund. You have 6 business days to issue the refund once the returned item has been delivered to you. If you don't issue the refund within 6 business days, we may give the buyer the refund and include the refund amount on your seller invoice as a fee, payable through your automatic payment method on file.
• If either you or your buyer would like to open a case, you have 24 hours from either the day the replacement or exchange was delivered to the buyer, or the day the original was delivered to you– whichever is latest.

Return shipping charges

Either seller or the buyer is responsible for return shipping charges, as specified in the return policy, except when an item is being returned because it isn't as described in the listing. In this instance, seller pays the return shipping charges.
When you're responsible for return shipping charges

When seller is responsible for return shipping charges, the charges are included on your next monthly seller invoice as a fee. These fees may be charged to your automatic payment method on file or cash account.
• e-Farm Money Back Guarantee
Most e-Farm sales go smoothly, but if there's a problem with a purchase, the e-Farm Money Back Guarantee helps buyers and sellers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any e-Farm Money Back Guarantee case.
If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or e-Farm under the e-Farm Money Back Guarantee, you authorize e-Farm to remove the reimbursement amount (in same or other currency) from your account, e-Farm cash balance on account, place the amount on your invoice, and/or charge your payment method on file. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
We may suspend the users in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Order updates and other notification functionality in e-Farm's applications may not occur in real time. Such functionality is subject to delays beyond e-Farm's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our officers and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
• your use of or your inability to use our Services;
• pricing, shipping, format, or other guidance provided by e-Farm;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing or linking to our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any e-Farm Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of or abusing e-Farm;
• the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
• your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the E-Farm Money Back Guarantee up to the price the item sold for on e-Farm (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
Release
If you have a dispute with one or more users, you release us (and our officers and their respective 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. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Indemnity
You will indemnify and hold us (and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of e-Farm's Services or your breach of any law or the rights of a third party.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND e-FARM HAVE AGAINST EACH OTHER ARE RESOLVED.

You and e-Farm agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the e-Farm User Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the Commonwealth of Puerto Rico, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and e-Farm, except as otherwise stated in the User Agreement.

B. Agreement to Arbitrate
You and e-Farm each agree that any and all disputes or claims that have arisen or may arise between you and e-Farm relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to e-Farm's Services, or any products or services sold, offered, or purchased through e-Farm's Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND e-FARM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND E-FARM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and e-Farm's right to appeal the court's decision. All other claims will be arbitrated.

2. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration:rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

A party who intends to seek arbitration must first send to the other, by certified mail, a Notice of Dispute ("Notice"). The Notice to e-Farm should be sent to e-Farm, Inc., Re: Notice of Dispute, PO Box 195287, San Juan, Puerto Rico 00919-5287. e-Farm will send any Notice to you to the physical address we have on file associated with your e-Farm account; it is your responsibility to keep your physical address up to date. The Notice must include all pertinent information, including a description of the nature and basis of the claims the party is asserting and the relief sought. Please briefly describe and attach any supporting documents you wish to provide.

If you and e-Farm are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or e-Farm may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to e-Farm at the following address: e-Farm, Inc., PO Box 195287, San Juan, Puerto Rico 00919-5287. In the event e-Farm initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your e-Farm account. Any settlement offer made by you or e-Farm shall not be disclosed to the arbitrator.

The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or e-Farm may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and e-Farm subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or e-Farm may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same e-Farm user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

3. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse e-Farm for all fees associated with the arbitration paid by e-Farm on your behalf that you otherwise would be obligated to pay under the AAA's rules.

4. Severability
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

5. Opt-Out Procedure
IF YOU ARE A NEW E-FARM USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO: e-FARM, INC., RE: OPT-OUT NOTICE, PO Box 195287, San Juan, Puerto Rico, 00919-5287.

You must send us the Opt-Out Notice including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the e-Farm account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

6. Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against e-Farm prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and e-Farm. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.efarmdirect.co or www.efarmlive.com at least 30 days before the effective date of the amendments and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.

C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and e-Farm must be resolved exclusively by a state or federal court located in San Juan, Puerto Rico. You and e-Farm agree to submit to the personal jurisdiction of the courts of the Commonwealth of Puerto Rico located within San Juan, Puerto Rico for the purpose of litigating all such claims or disputes.

General

e-Farm, Inc. is located at Parallel 18 an international startup accelerator, with offices at 1250 Avenida Juan Ponce de León, 4th Floor, San Juan, Puerto Rico, USA 00907; our mailing address is PO Box 195287, San Juan, Puerto Rico, USA 00919-5287

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.efarmdirect.co or www.efarmlive.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days notice by posting the amended terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. We will also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except in writing by an e-Farm representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the e-Farm site. This is version No. 1.1 pf December 14, 2016.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement, the User Privacy Notice, and all polices set forth the entire understanding and agreement between you and E-Farm and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Acknowledgment
Most of the provisions of these Terms & Conditions were adapted from e-bay.

____________

Privacy Statement
V. 1.1 12/13/16

Privacy Statement

Table of Content

Description Page

Privacy Statement…………………………………………………………... 2-3

Personal Information ………………………………………………………. 3

Personal information you give us when you use our Services or register for an account with us……………………………………………………….

3

Personal information we collect automatically when you use our Services or register for an account with us……………………………….

4

Personal information we collect using cookies, web beacons, and similar technologies…………………………………………………………

4

Personal information from other sources………………………………… 4-5

Navigation Info………………………………………………………………. 5

Cookies………………………………………………………………………. 5

Log Files……………………………………………………………………...
6
Clear Gifs (Web Beacons/Web Bugs)……………………………………..
6
Advertising…………………………………………………………………….
6
Mobile………………………………………………………………………….
6-7
Customer Testimonials and Comments……………………………………
7
Credit Card / Payment Info………………………………………………….
7
Data disclosure to PayPal Inc., Stripe and their corporate families…….
7
Social Media Features……………………………………………………….
8
Public Forums………………………………………………………………... 8

Privacy Statement

This Privacy Notice describes our collection, use, disclosure, retention, and protection of your personal information. It applies to any eBay site where this Privacy Notice appears in the footer, and to any eBay application, service, or tool (collectively "Services") where this Privacy Notice is referenced, regardless of how you access or use them, including through mobile devices. By using our Services and/or registering for an account with us, you are accepting the terms of this Privacy Notice and our User Agreement, and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this Privacy Notice.
At e-Farm, Inc. (hereinafter referred to as “e-Farm”) we are committed to protecting your privacy. This Privacy Policy applies to both our websites (Websites), including www.efarmlive.com, www.efarmdirect.net, www.efarmdirect.co, and our Services. This Privacy Policy governs our data collection, processing and usage practices. It also describes your choices regarding use, access and correction of your personal information. By using the Websites or the Service, you consent to the data practices described in this Privacy Policy. If you do not agree with the data practices described in this Privacy Policy, you should not use the Websites or the Service.
We periodically update this Privacy Policy. If you subscribe to the Service, then you will receive notice when this Privacy Policy is modified. The notice will be delivered through the e-mail used to access your e-Farm user account. We encourage you to review this Privacy Policy periodically.
We collect, process, and retain personal information from you and any devices (including mobile devices) you may use when you: use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services.

We use the personal information we collect to: provide and improve our Services, provide you with a personalized experience on our sites (especially, by offering you services and items that you may like), contact you about your account and our Services, provide you customer service, provide you with personalized advertising and marketing, and detect, prevent, mitigate, and investigate fraudulent or illegal activities.

We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted or required by applicable national laws.

You have a choice about how we use your personal information to communicate with you, send you marketing information, and provide you with personalized advertising, and whether you want to stay signed into your account.
We may disclose your personal information to other members of the eBay Inc. corporate family or to third parties. This disclosure may be required for us to provide and to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

Personal Information

"Personal information" is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information that e-Farm, Inc. has or is likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise.

The personal information we collect includes the following:

Personal information you give us when you use our Services or register for an account with us
• Identifying information such as your name, addresses, telephone numbers or email addresses when you register for an account with us
• buying, or selling information you provide during a transaction, or other transaction-based content that you generate or that is connected to your account as a result of a transaction you are involved in
• Other content that you generate, or that is connected to your account (such as adding items to your basket, adding items to your Watch List, and following sellers)
• Financial information (such as credit card or bank account numbers) in connection with a transaction
• Postage, billing and other information used to purchase or post an item, as well as, where postal services are provided through one of our programs, information required to clear customs (such as Tax ID or other identification numbers) and relevant postage information (such as tracking numbers and tracking updates).
• In some instances, when you use our Services, you may provide age, gender, interests and favorites
• You may also provide us other information through a web form, by updating or adding information to your account, through your participation in community discussions, chats, dispute resolution, or when you otherwise correspond with us regarding our Services
• Additional information we are required or authorized by applicable national laws to collect and process in order to authenticate or identify you or to verify the information we have collected.

Personal information we collect automatically when you use our Services or register for an account with us
• We also collect information about your interaction with our Services, your advertising preferences, and your communications with us. This is information we receive from the devices (including mobile devices) you use when you use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services. This information comprises the following: Device ID or unique identifier, device type, ID for advertising, and unique device token
• Geo-location information, including location information from your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device's settings' menu
• Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history, and your web log information
Personal information we collect using cookies, web beacons, and similar technologies

We use cookies, web beacons, unique identifiers, and similar technologies to collect information about the pages you view, the links you click, and other actions you take on our Services, within our advertising or e-mail content.

Personal information from other sources

• We may supplement the personal information we collect with information from third parties and add it to your account information. For example, we may collect and use demographic information that is publically available, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws
• We may allow you to share information with social media sites, or use social media sites to create your account or to connect your account with the respective social media site. Those social media sites may give us automatically access to certain personal information retained by them about you (e.g., content viewed by you, content liked by you, and information about the advertisements you have been shown or may have clicked on, etc.). If you provide us with access to any site with video content, then you agree that we may share your video viewing with, or obtain information about your video viewing from, third-party social media sites for at least two years or until you withdraw consent. You control the personal information you allow us to have access to through the privacy settings on the applicable social media site and the permissions you give us when you grant us access to your personal information retained by the respective social media site about you. By associating an account managed by a social media site with your account and authorizing us to have access to this information, you agree that we may collect, use and retain the information provided by these social media sites in accordance with this Privacy Notice
• If you give us personal information about someone else, you must do so only with their explicit and prior consent. You have to inform them how we collect, use, disclose, and retain their personal information according to our Privacy Notice.

We use such information to build marketing webpages on our servers where visitors can learn more about the company, download content, and provide their contact information and other demographic information. This information, which may be stored and managed on third party service providers' servers, is then used so that the visitors can be contacted about their interest in the company's goods or services and interact with the company.

Navigation Info

We use Navigational Information to operate and improve the Websites and the Service. We may also use Navigational Information alone or in combination with Personal Information to provide you with personalized information about e-Farm.

Cookies

e-Farm and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole.
We use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages on our Websites, or register for the Service, a cookie helps us to recall your specific information on subsequent visits. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the customized features.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Service or Websites you visit. E-Farm keeps track of the Websites and pages you visit within e-Farm, in order to determine what portion of the Website or Service is the most popular or most used. This data is used to deliver customized content and promotions within the Website and Service to customers whose behavior indicates that they are interested in a particular subject area.

Log Files

We may collect demographic information, such as your ZIP code, age, gender, preferences, interests and favorites using log files that are not associated with your name or other personal information. There is also information about your computer hardware and software that is automatically collected by us. This information can include: your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. This information is used by e-Farm for the operation of the Services, to maintain quality of the Services, and to provide general statistics regarding use of the Website. For these purposes, we do link this automatically-collected data to Personal Information such as name, email address, address, and phone number.

Clear Gifs (Web Beacons/Web Bugs)

We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage the Website and Services by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages or in emails and are about the size of the period at the end of this sentence. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. We tie the information gathered by clear gifs in emails to our customers' Personal Information. You could opt-out of these emails.

Advertising

We partner with third party ad networks to either display advertising on our Web site or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personal information about your activities on this and other Web sites to provide you targeted advertising based upon your interests.

Mobile

We use mobile analytics software to allow us to better understand the functionality of our Mobile optimized pages on your mobile device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. In addition to information we collect on our Websites, when you use our Mobile Apps we may also collect your city location, device model and version, device identifier (or “UDID”), OS version, and your Service credentials.

We send push notifications from time to time in order to update you about events or promotions. If you no longer wish to receive such communications, you may turn them off at the device level.
We may link information we store within the analytics software to Personal Information you submit within the Mobile App. We do this to improve services we offer you and improve our marketing, analytics and site functionality.
Customer Testimonials and Comments
We post customer testimonials and comments on our Websites, which may contain Personal Information. We obtain each customer's consent via email prior to posting the customer's name and testimonial.

Credit Card / Payment Info

If you give us credit card information, we use it solely to check your financial qualifications and collect payment from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.
We collect and send to third parties for processing payment information from you when you purchase at e-Farm, including credit cards numbers and billing information, using third party PCI-compliant service providers. Except for this, we do not collect Sensitive Information from you. We do not keep such information.

Data disclosure to PayPal Inc., Stripe and their corporate families

We may disclose your personal information to PayPal Inc. & Stripe and their corporate families for the following purposes:
• to prevent, detect, mitigate, and investigate potentially illegal acts, fraud and/or security breaches, and to assess and manage risk, including to alert you if fraudulent activities have been detected on your e-Farm, Stripe or PayPal accounts
• to provide customer services, including to help service your account or resolve disputes (e.g., billing or transactional disputes)
• to facilitate the processing of payment cards when you pay within our Services with a payment card and we use PayPal or Stripe to process your payment
• to facilitate shipping and related services for purchases you made using PayPal or Stripe

Social Media Features

Our Websites include Social Media Features, such as the Facebook Like button and Widgets, such as the Share This button or interactive mini-programs that run on our sites. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Websites. This Privacy Policy does not apply to these features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.

Public Forums

We offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose any information through our public message boards, blogs, or forums, this information may be collected and used by others. We will correct or delete any information you have posted on the Websites if you so request

We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.

We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted or required by applicable national laws. After it is no longer necessary for us to retain your personal information, we dispose of it in a secure manner according to our data retention and deletion policies.

If you have a question or a complaint about this Privacy Notice, our global privacy standards, or our information handling practices, you can reach us at e-Farm, Attention: Privacy, PO Box 195287, San Juan Puerto Rico, USA, 00919-5287
You can unsubscribe from our electronic marketing communications (e-mail) by clicking on the "unsubscribe" link located on the bottom of their emails, or by contacting us directly.

  • SHOP DIRECT

    FRESH FROM THE FARM

    Enjoy Sustainable, Organic & Agroecology farm to table products

    Farmers pack and FedEx delivers next day to the 50 U.S. states & Puerto Rico;

    Free delivery within Puerto Rico, including Vieques & Culebra.

    Select the pictures below for details.

  • Directly from the farm

    to you . . .

    Apply now to be part of our closed beta and gain access to E-Farm early!

  • What are we doing?

    We are working on the development of an e-commerce platform for world-wide organic, agro-ecologic, and sustainable farmers and products, where the consumer has easy access to search and purchase fresh produce and products.

    How are we doing it?

    We are going to enable the consumer to search product availability across hundreds and hundreds of farms in a matter of seconds, and leverage social media techniques to truly connect farmers and consumers, to offer the consumer a user experience that simply was not possible before.

    Social Good and Sustainability

    E-Farm is a tool for local farmers to sell otherwise unsold products, thus, reduce waste, produce more, expand their businesses, and sell in markets where these products are highly sought and valued.

    Let's Connect

    We connect farmers, food producers and customer worldwide by bring the farm or the Farmers’ Market to the electronic world marketplace through social media techniques.

    Let's Innovate

    We also promote agro-entrepreneurship with social responsibility.

     

  • With the Support of . . .

    Parallel 18

    A unique gateway for global startups
    to scale from Puerto Rico

    Parallel18 is a startup accelerator that helps build and scale local and international companies while also spurring innovation and economic development.