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Legal

Terms & Conditions

LivestockCity, Inc. doing business as Dande  ·  Last updated 2020

Contents

Terms of Use Privacy Use of Services Restrictions Your Account Restricted Areas User Materials Product Sales Risk of Loss Other Businesses Copyright Warranties Liability General Terms

Terms of Use

In order to utilize the Dande website (the "Website") and the services, information, and/or other works that we provide, including any mobile/web applications (the "Services"), you must agree to these Terms and Conditions (the "Terms"). Because the Terms form a legally binding agreement between you and LivestockCity, Inc. (doing business as "Dande") with respect to your use of the Website and/or the Services, please read it carefully.

You agree that accessing or using the Services or using the Website constitutes your agreement to the Terms. If you do not agree to the Terms, you may not use the Website and/or the Services.

Dande reserves the right to change, add or remove portions of the Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review the Terms prior to each use of the Website or the Services.

Privacy

Please review our Privacy Policy, which also governs your use of the Website and the Services, to understand our practices.

Use of Website and Services

Subject to your compliance with these Terms and your payment of any applicable fees, Dande grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and the Services.

By using the Services, Website and/or Content you represent and warrant that: (i) you are 18 years old or older; (ii) any information you provide to us is accurate and complete; and (iii) your use will not violate any applicable laws or regulations.

Restrictions on Use

Except as expressly authorized by the Terms, you may not use, alter, copy, modify, distribute, display, sublicense, rent, publish, sell, assign, lease, market, transfer, or transmit the Website or any Content. You may not use the Content for any purpose that is unlawful, unethical or prohibited by these Terms.

Your Account

If you use the Website and/or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Dande reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Use of Restricted Areas

Some portions of the Website and Services are restricted and require a password for access ("Restricted Areas"). Unauthorized use of or access to Restricted Areas is prohibited and may result in criminal and/or civil prosecution.

IF YOU ARE AN AUTHORIZED USER OF ANY RESTRICTED AREA, DO NOT SHARE YOUR PASSWORD WITH ANYONE. When you select a password and register on the Website, you agree to the following conditions:

  • Dande is authorized to act on instructions received under your password without any requirement to question those instructions.
  • LivestockCity (doing business as Dande) is not liable for any unauthorized access to your personal information that is not directly due to the gross negligence or willful misconduct of LivestockCity.
  • Your password contains sensitive information and you will keep it confidential and secret.
  • You will notify Dande immediately if you believe anyone else has learned your password or if you believe an unauthorized access has occurred.
  • Dande may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you.

Submissions and User Materials

If you submit or make available any materials, images, text, video, audio, information, or other content ("User Materials") on or through the Website or the Services, you grant Dande a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license to display, distribute, publish, reproduce, disseminate, transmit, use, and create derivative works from such User Materials.

By submitting User Materials you represent and warrant that: (i) the User Materials are not pornographic, unlawful, harmful, threatening, defamatory, or otherwise objectionable; (ii) you have the right to make the User Materials available; (iii) the User Materials do not infringe any third party rights; and (iv) the content is accurate.

Product Sales on the Dande Platform

Dande may allow users to sell products directly through the Website or Services. Dande does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product is not as described, you are expected to first try to resolve the issue with the seller.

Transactions must occur on the Dande site. Attempts to circumvent Services to avoid selling fees could result in billing of fees and/or termination of accounts. Dande reserves the right to check for abuse by monitoring its internal messaging system.

Risk of Loss

All items purchased directly from the Dande platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to the Buyer upon Seller's delivery to the carrier.

Other Businesses

Parties other than Dande may sell products and items ("Merchants"). We are not responsible for examining or evaluating, and we do not warrant the offerings of, any Merchants or the content of their websites. All purchases are at your own risk.

Dande is not the agent for any Merchant and is involved only as a channel of communications in any transaction between you and any Merchant.

You release Dande and our agents and employees from losses, expenses, claims, demands and damages, actual and consequential, of every kind and nature, arising out of any dispute you may have with any seller, buyer or other party associated with a sales transaction through Dande.

Copyright & Trademarks

The Website, Services and Content are protected by U.S. and/or foreign copyright laws and belong to LivestockCity or its partners, affiliates, contributors or third parties. You may download and reprint elements of the Services or Content for non-commercial, non-public, personal use only.

You are prohibited from using any of the marks or logos appearing on the Website without permission from the trademark owner. Dande's trademarks and trade dress may not be used in connection with any product or service that is not Dande's.

To report intellectual property violations, contact our agent:

By mail: Dande, P.O. Box 56, Mount Solon, VA 22843 By email: contact@godande.com

Disclaimer of Warranties

THE WEBSITE, SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DANDE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability & Indemnification

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DANDE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, AND CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY, DEFEND, AND HOLD HARMLESS DANDE AT ALL TIMES FROM AND AGAINST ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES DUE TO OR RESULTING FROM your use of the Website or Services, information or Content provided by you, or any violation of applicable laws or third party rights.

General Terms

The Terms shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Virginia. The parties hereby submit to the jurisdiction of the Federal, State, and municipal courts in Harrisonburg, Virginia in any litigation arising out of the Agreement.

No agency, fiduciary, partnership, joint venture, employee–employer or franchiser-franchisee relationship is intended or created by the Terms.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

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