Shopper Terms of Use

 

TERMS AND CONDITIONS: The Indiana Grown E-Commerce Online Marketplace (hereinafter “Shop”) is a service of the Indiana State Department of Agriculture’s Indiana Grown program (hereinafter “ISDA/Indiana Grown”). Use of the Shop is subject to the terms and conditions stated herein.

ELECTRONIC COMMUNICATIONS: By using any service provided by or through the Shop or by sending e-mails to any participating sellers, administrators of the Indiana Grown website, or other employees, contractors, or agents of ISDA, you are communicating with us electronically and consenting to receive communications electronically. Notices may be provided to you by email or through posting on this site.

INTELLECTUAL PROPERTY: All content included in or made available through the Shop, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, with the exception of the text, images, and other content submitted by a third-party seller with regard to such seller’s product or business, is the intellectual property of ISDA/Indiana Grown or its content suppliers.

LICENSE AND ACCESS: Subject to your compliance with applicable terms and conditions of use, ISDA/Indiana Grown grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Shop. This license does not include any resale or commercial use of any content of the Shop or any service thereof, any collection and use of any product listings, descriptions, or prices; any derivative use of the Shop or its contents, or of any other Indiana Grown service; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these terms and conditions are reserved and retained by ISDA/Indiana Grown or its licensors, suppliers, publishers, rights holders, or other content providers. No Shop content or service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ISDA/Indiana Grown. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ISDA/Indiana Grown, or in any other way copy, duplicate, use, or reproduce the same, without the express written consent of ISDA/Indiana Grown. You may not use any meta tags or any other “hidden text” utilizing the Indiana Grown trademark without the express written consent of ISDA/Indiana Grown. You may not misuse the Shop. You may use the Shop only as permitted by law. The licenses granted by ISDA/Indiana Grown terminate if you do not comply with the terms and conditions for use.

YOUR ACCOUNT: If you use any Shop service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ISDA/Indiana Grown reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT: Visitors may post reviews, comments, photos, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters or e-mails, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or comment. ISDA/Indiana Grown reserves the right (but not the obligation) to remove or edit such content, but may not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant ISDA/Indiana Grown a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ISDA/Indiana Grown and sublicensees the right to use the name that you submit in connection with such content,

if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these terms and conditions and will not cause injury to any person or entity; and that you will indemnify ISDA/Indiana Grown for all claims resulting from content you supply. ISDA/Indiana Grown has the right but not the obligation to monitor and edit or remove any activity or content. ISDA/Indiana Grown takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS: If you believe that an item listed through the Shop infringes upon your intellectual property rights, you are requested to notify Indiana Grown immediately. ISDA/Indiana Grown is not liable for any intellectual property infringements by third parties.

SHIPMENT AND RISK OF LOSS: Sellers are responsible for shipment of products to buyers in accordance with the shipment option selected by the buyer.

RETURNS, REFUNDS AND TITLE: ISDA/Indiana Grown does not take title to returned items. Returned items are sent back to the seller indicated in each sale. The seller does not take the title to returned items until the item arrives at their indicated locations.

PRODUCT DESCRIPTIONS: ISDA/Indiana Grown does not warrant that product descriptions or other content listed by any third-party seller are accurate, complete, reliable, current, or error-free.

PRICING: Pricing provided for items listed for sale through the Shop by third-party sellers are the representation of the retail price by the seller. ISDA/Indiana Grown is not responsible for the accuracy of pricing of third-party sellers, and does not warrant the reasonableness or fairness of such pricing. Any questions regarding pricing of a third-party seller’s product should be directed to such seller.

THIRD-PARTY SELLERS: Parties other than ISDA/Indiana Grown sell products through the Shop. In addition, the Shop may display links to the sites of affiliated businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. ISDA/Indiana Grown does not assume any responsibility or liability for the actions, products, or content of these or other third parties.

LIMITATION OF LIABILITY: ISDA/Indiana Grown does not produce, manufacture, label, inspect, or in any other way handle products offered for sale by third-party sellers through the Shop. ISDA/Indiana Grown does not warrant or guarantee the safety, quality, or workmanship of any products sold through the Shop. The buyer understands that the sellers of each product are solely responsible for the quality, workmanship, design, labeling, safety, and all other aspects of products listed for sale by the seller. ISDA/Indiana Grown is not responsible in the event any product sold by a third-party seller is defective or causes personal injury or property damage, or for any errors or omissions by a third-party seller in the listing of such products.

APPLICABLE LAW: By using the Shop, you agree that the laws of the State of Indiana will govern these terms and conditions, your use of the Shop, and any dispute that may arise from the same.

MODIFICATION, AND SEVERABILITY: ISDA/Indiana Grown reserves the right to make changes to our site and these terms and conditions at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

One North Capitol Avenue, Suite 600, Indianapolis, IN 46204