PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH OFARME, (DUBAI GROUP LLC). BY ACCESSING OR USING OUR WEBSITE, APPLICATIONS OR OTHER PRODUCTS OR SERVICES (TOGETHER, THE “OFARME SERVICE”), YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE OFFERUP SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 17.
These Terms apply to your access to and use of the oFARME Service provided by oFARME, Dubai Group LLC. (“oFARME,” “we” and “us”). Additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) may apply to particular functionalities and features related to the oFARME Service.
Note: From time to time oFARME introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to such new features, including, at the present, the electronic payments and fulfillment solutions, may not apply to all users.
ONLY USERS WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER MAY REGISTER FOR OR USE THE OFARME SERVICE. The oFARME Service is not targeted towards, nor intended for use by, anyone under the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may use the oFARME Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms. You further represent and warrant that you: (a) have not previously been suspended or removed from using the oFARME Service; (b) are legally permitted to, and do, live in the United States or one of its territories, and (c) may enter into this agreement without violating any other agreement to which you are a party. If you are registering to use the oFARME Service on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
2. Account Registration and Security Responsibilities
In order to access certain parts of the oFARME Service, you may be required to create an oFARME account (an “Account”) or a seller payment account which will be intergrated in the future (“Stripe Account”) with Stripe, Inc. (“Stripe”). In connection with creating an Account or a Stripe Account, you must provide certain information (“Registration Data”) and answer all questions or fields marked “required.” You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account and the Stripe Account, including by maintaining the security and confidentiality of your login credentials; and (d) consent to allow oFARME to contact you for the purpose of confirming some or all of your Registration Data, to conduct research and to resolve disputes, as oFARME may elect to do from time to time.
3. Purchases From Other Users.
A. Cash and Other Payments Determined by Users. A buyer may, by agreement with the seller, elect to make payment by cash, check or other payment method accepted by the seller. Such payments are made directly between the buyer and the seller when they meet in person to complete their purchase and sale transaction, pursuant to terms they determine. oFARME is not a party to such transactions, and does not facilitate such transactions, refunds or returns in any manner.
B. oFARME Payment Solution to be integrated in the future. A buyer and seller may instead pay with and accept credit cards and other electronic payment methods (each an “Electronic Payment Method”) through the oFARME Service. oFARME has integrated with Stripe, a payment processing service, to allow sellers to accept certain Electronic Payment Methods from buyers using Stripe’s payment processing services (“oFARME Payment Solution”). Buyers who wish to use the oFARME Payment Solution must register an Electronic Payment Method with oFARME, and sellers must enroll for the service through Stripe. Enrollment in and usage of the oFARME Payment Solution is voluntary, so buyers should note that some sellers may not accept Electronic Payment Methods, or may only accept Electronic Payment Methods for certain transactions. oFARME, in its sole discretion, may from time to time impose limits on your ability to make and/or receive payments through the oFARME Payment Solution. Additionally, Stripe may impose its own limits and limitations on a seller’s use of the oFARME Payment Solution. For instance, a seller’s enrollment in the oFARME Payment Solution is subject to Stripe’s confirmation that the seller meets Stripe’s enrollment criteria. Sellers should refer to Section 2(d) below for information about the impact of failing to meet Stripe’s enrollment criteria.
i. Buyers. As with any purchases made using cash, all purchases made using the oFARME Payment Solution are made directly between the buyer and the seller when they complete their purchase and sale transaction, pursuant to the terms they determine. When you initiate a payment through the oFARME Payment Solution, the seller processes your Electronic Payment Method using Stripe’s payment processing service. oFARME is not a party to purchase and sale transactions completed using the oFARME Payment Solution, and disclaims any and all responsibility to facilitate such transactions, except to provide an interface through which you can provide your Electronic Payment Method to Stripe to process on behalf of the seller. oFARME further disclaims any and all responsibility to facilitate or provide refunds or returns in any manner, other than as expressly provided in the Buyer Protection Policy.
ii. Sellers. By using the oFARME Payment Solution to accept Electronic Payment Methods, you are entering into an agreement with Stripe subject to the terms of the Stripe Connected Account Agreement which includes the Stripe Terms of Service
(collectively, the “Stripe Services Agreement”). Notwithstanding anything to the contrary in the Stripe Services Agreement, you will not have the right to have Stripe, and will not request that Stripe, transfer any buyer data Stripe collects via the oFARME Payment Solution to an alternative payment processor. Except for the foregoing restriction that supersedes any rights you may have in the Stripe Services Agreement, the Stripe Services Agreement is separate from these Terms. oFARME is not a party to the Stripe Services Agreement and will not be liable or responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with the oFARME Payment Solution, you authorize Stripe to share your payment method information with an alternative third-party payment processor that is or will be integrated into the oFARME Payment Solution.
iii. Seller Fees. You agree to pay the service fees (“Service Fees”) for the sales transactions you make using the oFARME Payment Solution. The Service Fees include Electronic Payment Method processing fees to Stripe and service fees to oFARME. oFARME reserves the right to change the Service Fees from time to time.
iv. Receiving Sales Proceeds. Upon completion of a sale in which the buyer uses the oFARME Payment Solution, if you have not previously set up a Stripe Account, then you must set up a Stripe Account in accordance with the requirements specified by Stripe to receive the payment via the oFARME Payment Solution. STRIPE MUST ACCEPT YOUR APPLICATION TO USE THE OFFERUP PAYMENT SOLUTION BEFORE YOU CAN RECEIVE SALES PROCEEDS VIA THE OFFERUP PAYMENT SOLUTION. IF STRIPE REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A STRIPE ACCOUNT WITHIN 90 DAYS AFTER COMPLETION OF A SALE PROCESSED BY STRIPE THROUGH THE OFFERUP PAYMENT SOLUTION, THEN STRIPE MAY DISABLE OR LIMIT YOUR ABILITY TO RECEIVE SALES PROCEEDS VIA THE OFFERUP PAYMENT SOLUTION.
v. Acceptable Use Violations. YOUR RIGHT AND/OR ABILITY TO RECEIVE SALES PROCEEDS VIA THE OFFERUP PAYMENT SOLUTION MAY BE REVOKED, DISABLED OR LIMITED IF THE PURCHASE OR SALE VIOLATES SECTION 7 (ACCEPTABLE USE) OF THESE TERMS, INCLUDING FOR SALES THAT VIOLATE THE PROHIBITED ITEMS GUIDELINES.
vi. Transactions Final. Regardless of the payment method chosen, ALL PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS YOU AND THE SELLER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND. oFARME will not be responsible for facilitating refunds, other than as expressly provided with respect to the Buyer Protection Policy.
vii. Taxes. It is your responsibility to determine what, if any, taxes apply to each transaction you complete via the oFARME Service, including, for example, sales, use, value added, and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. oFARME is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via the oFARME Service.
discontinued at any time without notice, and we reserve the right to grant and revoke Badges for you or any other user at any time and without any liability to us.
4. Terms of Sale for oFARME’s Paid Services.
From time to time, oFARME may make certain services available for a fee in connection with the oFARME Service (“Paid Services”). The following terms of sale apply solely to your purchase of Paid Services from oFARME.
A. Fees. Unless otherwise agreed upon by oFARME in writing, the fees payable in connection with any Paid Services (“Fees”) will be specified via the oFARME Service. All Fees are denominated in U.S. dollars and are exclusive of any applicable taxes.
B. Payment Method. You may only pay Fees using valid payment methods acceptable to us, as specified via the oFARME Service. You represent and warrant that you are authorized to use the payment method you designate via the oFARME Service. You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. You authorize us to use a third-party service to update your designated payment information if it is cancelled or expires. If the payment method cannot be verified, is invalid or is otherwise not acceptable to us, your order may be suspended or cancelled.
C. Subscriptions. CERTAIN OF THE PAID SERVICES PROVIDED BY OFFERUP MAY BE OFFERED ON A SUBSCRIPTION BASIS WITH AUTO-RENEWING PAYMENTS (“SUBSCRIPTION SERVICES”). THE BILLING PERIOD FOR EACH TYPE OF SUBSCRIPTION SERVICE WILL BE AS SPECIFIED VIA THE OFFERUP SERVICE AT THE TIME OF REGISTRATION. WHEN YOU REGISTER FOR ANY SUBSCRIPTION SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (I) OFARME (OR ITS DESIGNATED THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR THE SUBSCRIPTION SERVICE (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) AT THE THEN-CURRENT RATES FOR AS LONG AS THE SUBSCRIPTION SERVICE CONTINUES, AND (II) THE SUBSCRIPTION SERVICE WILL CONTINUE UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE OFARME SERVICE IN ACCORDANCE WITH THESE TERMS.
D. Cancellation Policy For Subscription Services. TO CANCEL ANY SUBSCRIPTION SERVICE, YOU MUST CONTACT US THROUGH OUR HELP CENTER VIA OUR MOBILE APP OR WEBSITE (WWW.OFARME.COM) AND FOLLOW THE INSTRUCTIONS IN THE EMAIL WE SEND YOU IN RESPONSE TO YOUR CANCELLATION REQUEST. YOU MUST CANCEL A SUBSCRIPTION SERVICE BEFORE THE START OF THE NEXT BILLING PERIOD IN ORDER TO AVOID CHARGES FOR THE NEXT BILLING PERIOD’S FEES. FOLLOWING ANY CANCELLATION, YOU WILL CONTINUE TO HAVE ACCESS TO THE SUBSCRIPTION SERVICES (SUBJECT TO THESE TERMS) THROUGH THE END OF YOUR CURRENT BILLING PERIOD.
E. Price Changes. OFARME RESERVES THE RIGHT TO MODIFY THE FEES FOR ANY PAID SERVICES, INCLUDING ANY SUBSCRIPTION SERVICES, FROM TIME TO TIME IN ITS SOLE DISCRETION. FOR SUBSCRIPTION SERVICES, PRICE CHANGES WILL APPLY TO THE NEXT BILLING PERIOD.
F. Taxes. You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of Paid Services. We will collect applicable sales tax if we determine that we have a duty to collect sales tax, and will provide notice of such taxes at the time you place your order.
G. No Refunds. Except as provided in Section 5(H), or as otherwise expressly agreed upon by oFARME, all sales of Paid Services (including any Subscription Services) are final and there are no refunds. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION SERVICES PERIODS.
H. Errors. In the event of an error in connection with the pricing or charging of Paid Services, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within 120 days of the date of the billing statement in which such error first appeared.
5. Discontinuance of the oFARME Service
oFARME may, in its sole discretion and without liability to you, modify, discontinue, terminate, suspend or shut-down (temporarily or permanently) all or any portion of the oFARME Service at any time, without prior notice. Upon any such action by oFARME, you must immediately stop using the oFARME Service. You may also cancel your Account at any time, as described in Section 15 below.
6. Acceptable Use
When accessing or using the oFARME Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:
- • Engage in any unauthorized use of the oFARME Service (including, without limitation, political campaigning, advertising, or marketing);
- • Transmit or otherwise make available any content that: (1) you do not have the right to provide or transmit using the oFARME Service, (2) may expose oFARME or its affiliates, licensors, or users to any harm or liability, or (3) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, untrue, or otherwise objectionable;
- • Upload to, transmit, distribute, store, create, or otherwise sell or offer for sale anything that violates our Prohibited Items Guidelines.
- • Transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- • Originate, send, deliver, relay or otherwise transmit unsolicited commercial email or other messages through the oFARME Service;
- • Copy any portion of the oFARME Service or any underlying content or source code;
- • Reverse engineer, disassemble or decompile any portion of the oFARME Service or otherwise attempt to discover or re-create the source code to any software;
- • Distribute the software or source code behind the oFARME Service to any third party;
- • Make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the oFARME Service;
- • Remove, alter, or obscure any copyright or other proprietary notices of oFARME or its affiliates or licensors in any portion of the oFARME Service;
- • Obscure or disable any advertisements that appear on or through the oFARME Service;
- • Use any type of automated means, including without limitation any harvesting bot, robot, spider, script, crawler, scraper or other automated means or interface not provided by oFARME, to utilize the oFARME Service or to collect or extract data;
- • Access without authorization any networks, systems, or databases used in providing the oFARME Service or any accounts associated with oFARME Service, or to access or use any information therein for any purpose;
- • Attempt to probe, test, hack, or otherwise circumvent any security measures;
- • Violate any requirements, policies, procedures or regulations of any network connected to the oFARME Service;
- • Use the oFARME Service in any manner that could damage, disable, overburden, or otherwise impair the oFARME Service (or the networks connected to the oFARME Service);
- • Interfere with or disrupt the use and enjoyment by others of the oFARME Service, including without limitation attempting, in any manner, to obtain the password, account, or other security information of any other user;
- • Falsely state, impersonate, or otherwise misrepresent your identity;
- • Provide false information during Account creation or when using the oFARME Badge or the oFARME Payment Solution, or otherwise provide false, inaccurate or misleading information;
- • Create more than one Account or create an Account on behalf of anyone other than yourself without permission;
- • Use or attempt to use another user’s Account without authorization;
- • Attempt to pay for an item using the oFARME Payment Solution with an Electronic Payment Method that you either do not own or are not validly authorized to use;
- • Use the oFARME Service in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
- • Use the oFARME Service in any manner that exposes oFARME to any harm or liability of any nature;
- • Use the oFARME Service to infringe or violate the intellectual property rights or any other rights of anyone else (including oFARME);
- • Develop any third-party applications that interact with the oFARME Service without oFARME prior written consent;
- • Use the oFARME Service to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory, including, but not limited to violations of these Terms, illegal gambling, fraud, money-laundering, or terrorist activities;
- • Transfer any rights granted to you under these Terms; or
- • Encourage or induce any third party to engage in any of the activities prohibited under this section.
If you violate any of the foregoing, oFARME reserves the right to suspend or terminate your right to access and use the oFARME Service immediately without notice, and you will have infringed oFARME intellectual property and other rights, which may subject you to prosecution and damages. oFARME also reserves the right to take any remedies it deems appropriate under the circumstances if you have purchased or sold items that are in violation of this Section 7. oFARME reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the oFARME Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that oFARME is not responsible or liable for the conduct of, or your interactions with, any users of the oFARME Service (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the oFARME Service will not contain any content that is prohibited by these Terms.
7. User Content
In the course of using the oFARME Service, you may transmit or otherwise make available certain content, including information about yourself, content, messages, materials, data, information, text, photos, graphics, code or other items or materials (“User Content”) through interactive areas or services, such as posting items for sale, making an offer, private messaging, or other areas or services. User Content may be publicly viewable in some instances. oFARME reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted, transmitted, or stored on the oFARME Service at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise, publish through the oFARME Service any of the following:
- • User Content that is, in oFARME judgment, disrespectful or may expose oFARME, Users or others to harm or liability;
- • User Content that may infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
- • Private information of any third parties, including addresses, phone numbers and payment card information;
- • Viruses, corrupted data or other harmful, disruptive, or destructive files; or
- • User Content that inhibits any other person from using or enjoying the oFARME Service.
You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that oFARME is not responsible for any errors or omissions that you make in connection with the oFARME Service. By submitting or posting User Content, you hereby grant to oFARME a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, company name, location and any other information you submit with the User Content, in connection with the oFARME Service. The use of your or any other User’s name, likeness, or identity in connection with the oFARME Service does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.
You agree that oFARME may moderate access to and use of the oFARME Service in our sole discretion through any means (including, for example, blocking, filtering, deletion, delay, omission, verification, and/or termination of your access. Furthermore, we have the right to remove any posting you make on the oFARME Service if, in our opinion, your post does not comply with the content standards set out in Sections 7 and 8 above, and any other oFARME Service rules, including without limitation the Prohibited Items Guidelines. You agree not to bypass or attempt to bypass such moderation. You further agree that oFARME is not liable for moderating, not moderating or making any representations regarding moderating.
9. Third Party Services and Content
In using the oFARME Service, you may view content, utilize services, or otherwise interact with content and services provided by third parties, including, but not limited to, the oFARME Payment Solution provided by a third-party payment processor, the oFARME fulfillment solution through third-party logistics providers, links and/or connections to websites, applications or services of such parties (“Third-Party Content”). oFARME does not control, endorse or adopt any Third-Party Content and you acknowledge and agree that oFARME will have no responsibility for any Third Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business or other dealings or correspondence with such third parties are solely between you and the third parties. oFARME is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, safety, legality or any other aspect of any good or services that you may purchase or sell to or from a third party.
Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the oFARME Service or any other products or services of oFARME (collectively, “Feedback”), is non-confidential and will become our sole property. We will have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Further, you agree not to submit any feedback that is defamatory, illegal, offensive or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
11. Copyright Policy
A. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, oFARME has adopted a policy of terminating, in appropriate circumstances and at oFARME discretion, users who are deemed to be repeat infringers. We also may, at oFARME’s discretion, limit access to the oFARME Service and terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
B. Copyright Complaints. If you believe that anything on the oFARME Service infringes upon any copyright that you own or control, you may file a notification with oFARME Designated Agent as set forth below:
- oFARME Copyright Agent
- Address of Designated Agent:
- 705 Boston Post rd
- Guilford, Connecticut 06437
- Email Address of Designated Agent:
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by oFARME or the alleged infringer as the result of oFARME’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
12. Intellectual Property Rights
Unless otherwise indicated, the oFARME Service and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the oFARME Service, including, without limitation, the oFARME logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of oFARME or its affiliates or licensors, and are protected by U.S. and international copyright laws and other intellectual property rights laws.
Except as otherwise provided, subject to your compliance with all of the terms and conditions of these Terms, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the oFARME Service, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms (the “License”). oFARME and its affiliates and licensors reserve all rights not expressly granted to you in these Terms. You agree that these Terms do not grant you any rights in or licenses to the oFARME Service or the Materials, except for this express, limited License. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the oFARME Service or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you agree not to frame or display the oFARME Service or Materials (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. The License granted under this Section will automatically terminate if we suspend or terminate your access to the oFARME Service.
oFARME, ofarme.com and other oFARME graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of oFARME or its affiliates in the U.S. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without oFARME’s prior written consent. You will not use any trademark, product or service name of oFARME without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product of service name of oFARME. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by oFARME.
14. Suspension; Termination.
oFARME may revoke or terminate your License to access or use the oFARME Service for any reason without notice at oFARME’s sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the oFARME Service or Materials, or any other oFARME product or service, or (iii) use the oFARME Service or the Materials other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the oFARME Service immediately if oFARME suspends or terminates your License to access or use the oFARME Service. oFARME reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the oFARME Service during suspension or after termination. oFARME may recover its reasonable attorneys’ fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the oFARME Service is suspended and after it is terminated.
You may also terminate your License to access or use the oFARME Service by closing your Account at any time. For more details on how to close your Account, please refer to our FAQs.
15. Disclaimer of Warranties
A. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE OFARME SERVICE, THE MATERIALS, THE PAID SERVICES, AND ANY ITEMS SOLD BY USERS THROUGH THE OFFERUP SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE OFFERUP SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN, AND ANY ITEMS SOLD THROUGH THE OFFARME SERVICE.
B. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER OFARME NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE “OFARME PROVIDERS”) REPRESENT OR WARRANT (I) THAT THE OFARME SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE OFFERUP SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR ERROR FREE; (II) THAT THE OFARME SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE OFARME SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE OFARME SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE OFARME SERVICE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE OFARME SERVICE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (VI) THAT THE OFARME SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE OFARME SERVICE ARE NON-INFRINGING; OR (VII) THAT ANY BADGE IS A REPRESENTATION AS TO THE IDENTITY, CHARACTER OR INTEGRITY OF ANY PERSON, BUSINESS, OR ENTITY THAT IS ASSOCIATED WITH A BADGE.
C. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE OFFERUP SERVICE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES OUTSIDE OF OUR REASONABLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE OFARME SERVICE.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
16. Assumption of Risk
A. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES (OTHER THAN IN CONNECTION WITH THE TRUYOU FEATURE DESCRIBED IN SECTION 4). YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH OFARME’S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
B. COMMUNITY MEETUP SPOTS. COMMUNITY MEETUP SPOTS ARE LOCATIONS IN WHICH A THIRD PARTY (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER, OFARME DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS AND DOES NOT WARRANTY THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN, REMAINS SUBJECT TO THE EXPRESS PROVISIONS IN SECTIONS 16-22 OF THESE TERMS OF SERVICE.
17. Limitation of Liability
A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OFARME OR THE OFARME PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE OFARME SERVICE OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE OFARME SERVICE OR MATERIALS, (II) ANY INABILITY TO USE THE OFARME SERVICE OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE OFARME SERVICE, EVEN IF OFARME OR THE OFARME PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM (Y) RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR (Z) THAT RESULT FROM EVENTS BEYOND OFARME’S OR THE OFARME PROVIDERS’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OFFERUP’S RECORDS, PROGRAMS OR SERVICES.
B. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OFARME OR THE OFFERUP PROVIDERS (JOINTLY), ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE OFARME SERVICE OR OTHERWISE RELATING TO THESE TERMS EXCEED THE GREATER OF (I) ANY COMPENSATION YOU PAY, IF ANY, TO OFFERUP FOR ACCESS TO OR USE OF THE OFARME SERVICE OR MATERIALS DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $100 U.S. DOLLARS.
C. THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OFFERUP OR THE OFARME PROVIDERS’ GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OR FRAUD.
You agree to hold harmless, defend and indemnify oFARME and the oFARME Providers from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the oFARME Service or Materials, including, without limitation, any actual or threatened suit, demand or claim made against oFARME or any oFARME Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of these Terms including without limitation your breach of any of your representations and warranties; (iii) your use of any of the oFARME Service or Materials; (iv) any content that you store on or transmit through the oFARME Service; or (v) any items that you mail or ship in connection with the oFARME Service, including items sold to other oFARME users. oFARME may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with oFARME in such event.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (INCLUDING A JURY TRIAL WAIVER) ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH OFARME AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM OFFERUP (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).
A. Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 7 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and oFARME agree (1) to waive your and oFARME’s respective rights to have any and all Disputes arising from or related to these Terms, the oFARME Service or the Materials, resolved in a court, and (2) to waive your and oFARME’s respective rights to a jury trial. Instead, you and oFARME agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
B. No Class Arbitrations, Class Actions or Representative Actions. You and oFARME agree that any Dispute arising out of or related to these Terms, the oFARME Service or the Materials is personal to you and oFARME and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and oFARME agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and oFARME agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The limitations imposed by this Section 20(B) shall apply to, but are in no way limited to, class action refund claims brought by a class of taxpayers against oFARME related to taxes collected and remitted in good faith efforts at compliance with state and local marketplace facilitator or marketplace provider laws. Nothing in this Section 20(B) shall be construed to prohibit a buyer from filing a refund claim with the seller or applicable state and local tax authority as permitted by law.
C. Federal Arbitration Act. You and oFARME agree that these Terms affect interstate commerce and that the enforceability of this Section 20 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
D. Notice; Informal Dispute Resolution. You and oFARME agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to oFARME shall be sent by certified mail or courier to oFARME, Attn: oFARME Designated Agent, 705 Boston Post Road, Guilford, Connecticut, 06437. Your notice must include (1) your name, postal address, telephone number, the email address you use or used for your Account, and, if different, an email address at which you can be contacted, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that you are seeking. Our notice to you will be sent to the email address you used to register for your Account, and will include (a) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that we are seeking. If you and oFARME cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or oFARME may, as appropriate and in accordance with this Section 20, commence an arbitration proceeding, or to the extent specifically provided for in section 20(A), file a claim in court.
E. Process. Except for Disputes arising out of or related to a violation of Section 7 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and oFARME agree that any Dispute must be commenced or filed by you or oFARME within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and oFARME will no longer have the right to assert such claim regarding the Dispute). You and oFARME agree that (1) any arbitration will occur in King County, Washington, (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and mediation Services (“JAMS”), which are hereby incorporated by reference, and (3) that the state or federal courts of the State of Washington and the United States, respectively, sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
F. Authority of the Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
G. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (1) acknowledge and agree that you have read and understand the rules of JAMS, or (2) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason
H. Severability. If any term, clause or provision of this Section 20 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 20 will remain valid and enforceable. Further, the waivers set forth in Section 20(B) are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
I. Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 20 by writing to: oFARME, Inc., Attn: oFARME Designated Agent, 705 Boston Post Road, Guilford, Connecticut, 06437. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 21.
20. Governing Law; Venue.
These Terms, your access to and use of the oFARME Service and Materials shall be governed by and construed and enforced in accordance with the laws of the State of Washington without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts.
A. Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the oFARME Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with oFARME for the oFARME Service or for any other oFARME product, feature, service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with oFARME, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
B. Amendments. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms via the oFARME Service and updating the “Last Updated” date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to the oFARME Service unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the oFARME Service after such changes become effective. Your continued use of the oFARME Service following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the oFARME Service.
C. Severability. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
D. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
E. Relationship. oFARME is an independent contractor for all purposes, and is not your agent or trustee. You are not an agent of oFARME.
MF. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from oFARME, including by operation of law or in connection with any change of control. oFARME may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
G. Headings. Headings of sections are for convenience only and will not be used to limit or construe such sections.
H. Survival. Sections 16 (Disclaimer of Warranties), 18 (Limitation of Liability), 19 (Indemnity), 20 (Arbitration), 21 (Governing Law; Venue), this Section 22 (Miscellaneous), and any other term that, by its nature, should survive, will survive any termination or expiration of these Terms.
If you are a California resident, please see the ” Information for California Consumers ” section below.
Collection of Information
1. Information You Provide to Us. oFARME collects information that you provide directly to us. For example, we collect information when you register or update the details of your account, participate in identification badge programs such as oFARME, post information in order to sell any good through the oFARME Service, enroll in any third-party operated payment processing services offered in connection with the oFARME Service, communicate with other users, provide reviews or other comments, purchase any services from oFARME, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, oFARME account password, telephone number, postal address including city, state and zip code, photographs, written descriptions of your posted goods, any bids you make on offers through the oFARME Service, any reviews or comments you make using the oFARME Service, all correspondence or communications with other users or with us conducted via the oFARME Service, government-issued identification documents (such as a driver’s license), and any other information you choose to provide.
2. Information We Collect Automatically When You Use the oFARME Service . When you access or use the oFARME Service, we automatically collect information about you, including:
2.1. Information: We log information about your use of the oFARME Service, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our oFARME Service.
2.2. Information: We collect information about the computer or mobile device you use to access the oFARME Service, including the hardware model, operating system and version, unique device identifiers and mobile network information.
2.3. Location Information: If you consent to the collection of location information from your computer or mobile device, we may collect this information when you access or use the oFARME Service, or when you otherwise consent to the collection of this information. We may also use your IP address to infer an approximate geographic location for your computer or device. For more details, please see “Your Information Choices” below.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that helps us to improve the oFARME Service and your experience, see which areas and features of the oFARME Service are popular and count visits. We may also collect information using web beacons (also known as “gifs,” “pixel tags” and “tracking pixels”). Web beacons are electronic images that may be used in the oFARME Service or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see “Your Information Choices” below.
Use of Information.
5. General Uses. oFARME uses information about you for various purposes, including to:
5.1. Enable you to access and use the oFARME Service, to personalize the oFARME Service, and to optimize the type of offers presented to you when you use the oFARME Service;
5.2. Create and maintain a trusted and safer environment on the oFARME Service, including through detection and prevention of fraud, unauthorized access, intrusion, and service interruption;
5.3. Conduct investigations and to respond to disputes between users, error resolution, and other similar customer support service;
5.4. Enable any identification programs we may institute and in which you elect or are required to participate (e.g. oFARME), such as verifying your identity and address, and conduct checks against various publicly available databases;
5.5. Operate, protect, improve and optimize the oFARME Service, our business, and our users’ experience;
5.6. Perform analytics, conduct research, and monitor and analyze trends, usage and activities in connection with the oFARME Service;
5.7. Communicate with you about products, services, offers, promotions, rewards, and events offered by oFARME and others, and provide advertisements that match user profiles or interests, news and information we think will be of interest to you;
5.8. Send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
5.9. Comply with our legal obligations or requests from law enforcement agencies, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties;
5.10. Link or combine with information we get from others to help understand your needs and provide you with better service;
5.11. Assist third-party payment processors with transaction processing, error, chargeback and disputed transaction resolution, and similar payment processing functions; and
5.12. Carry out any other purpose for which the information was collected.
oFARME is based in the United States and the information we collect is governed by U.S. law. By accessing or using the oFARME Service or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.
Sharing of Information.
6.1. With the public on the oFARME Service. For a detailed description of the type of information associated with your oFARME account that is made available publicly through the oFARME Service, please see our FAQs.
6.3. With vendors, consultants and other service providers who need access to such information to carry out work on our behalf (including, without limitation, with third-party service providers that may use the information we share to help us and other companies detect inaccurate personal information and prevent fraudulent transactions);
6.4. In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
6.5. If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of oFARME or others;
6.6. In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company;
6.7. Between and among oFARME, and its current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and
6.8. With your consent or at your direction, including as mentioned in the Social Sharing Features section below or if we otherwise notify you through the oFARME Service that the information you provide will be shared in a particular manner and you provide such information.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
7. Social Sharing Features. The oFARME Service may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on the oFARME Service with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide those features.
Advertising and Analytics Services Provided by Others
9. oFARME takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
10. Account Information. You may update, correct or remove account profile information at any time by logging in to your account. If you would like to cancel your oFARME account entirely, please contact us, and enter your request for cancellation, but please note that we may retain certain information as required by law or for legitimate business purposes. For example, any reviews, forum postings and similar materials posted by you may continue to be publicly available on the oFARME Service in association with your account name even after your oFARME account is cancelled. We may also retain cached or archived copies of information about you for a certain period of time.
11. Location Information. When you first download or launch any of our mobile applications that collect location information or first use any features that use location information, you will be asked to consent to the application’s collection of this information. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. You may also stop our collection of location information by following the standard uninstall process to remove all of our mobile applications form your device.
Even if you do not provide us with consent to collect precise location information from your mobile device or platform, we may use your IP address to infer an approximation of your location when using certain features of the oFARME Services, such as the oFARME payments solution.
In some features, oFARME uses mapping services from Google Maps/Google Earth, including Google Maps API(s). Your use of these services is subject to Google’s terms of service.
12. Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party flash cookies used in connection with the oFARME Service. To delete or disable flash cookies please visit www.adobe.com/products/flashplayer/security for more information. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the oFARME Service.
13. Promotional Communications. You may opt out of receiving promotional emails, text messages, and other communications from oFARME by following the instructions in those emails, text messages or other communications or by logging on to your oFARME account and going to Settings.
14. Information for California Residents. This section provides additional disclosures required by the California Consumer Privacy Act (“CCPA”), which applies to the personal information we collect about California residents.
In the preceding 12 months, we have collected the following categories of personal information: identifiers (such as name, contact information, device identifiers and state-issued ID numbers); internet or other electronic network activity information (such as usage data); demographic information (such as age); commercial information (such as products purchased or sold); geolocation data; inferences (such as approximate location); visual or similar information (such as photographs of yourself); and other information that relates to or is reasonably capable of being associated with you and that does not fit neatly into one of the other categories (such as personal information contained in reviews, comments and communications with us). For more details about the personal information we collect, including the categories of sources, please see the Collection of Information section above. We collect personal information for the business and commercial purposes listed in the Use of Information section above. We share the personal information we collect with the categories of third parties listed in the Sharing of Information section above.
We collect personal information for the business and commercial purposes listed in the Use of Information section above. We share the personal information we collect with the categories of third parties listed in the Sharing of Information section above.
Subject to certain limitations, the CCPA provides California residents with the right to:
- • request to know about the personal information that we have collected about you in the 12 months preceding your request (including the categories of information collected, the source of that information, the business purpose of that collection, the categories of third parties with whom that information is shared, and the specific pieces of personal information collected about you);
- • request to delete any personal information about you that we have collected;
- • opt-out of “sales” of personal information to third parties, if applicable; and
- • not to be discriminated against for exercising these rights.
We do not “sell” the personal information we collect (and will not sell it in the future without providing a right to opt out).
To submit a request to know or a request to delete, please send an email to firstname.lastname@example.org In both cases, we will verify your request by asking you to provide information that matches information we have on file about you. You may designate another person as your authorized agent to act on your behalf with regard to CCPA requests. If you have designated an authorized agent to submit requests on your behalf, we will require proof that the person is authorized to act on your behalf and may also still ask you to verify your identity with us directly.
Questions and Comments.
Prohibited items guidelines
Although most things can be sold on oFARME, certain items aren’t allowed. Some present legal risks or may pose health and safety issues. We’ve also chosen not to allow items that we feel are inappropriate for our community or could be considered offensive.
Before posting your items, please read the guidelines below to ensure that they are OK to sell on OfferUp. Also please review our Posting rules and Community guidelines.
- The following items are not allowed for sale:
Alcohol, drugs & tobacco
Alcohol, drugs, tobacco, and related products are often subject to regulatory restrictions and are illegal for sale in some cases. Because we can’t enforce these laws and regulations, we don’t allow these items for sale, including:
- • Alcohol
- • Prescription drugs
- • Drugs, narcotics, or controlled substances (even those that are legal in some states)
- • Items marketed for the purpose of intoxication
- • Drug paraphernalia such as bongs, vaporizers, and pipes
- • Tobacco and related products, including e-cigarettes, e-juice, vaporizers, mods, hookahs, and hookah accessories
- • Cannabis and cannabis-derived products, such as CBD
- • Growing or cultivation equipment for cannabis and cannabis-derived products
Adult & mature content
OfferUp strives to be an open marketplace but understands that not all people want to see explicit sexual content. Items intended for adult use or that contain explicit sexual content are not allowed on OfferUp, such as:
- • Explicit sexual content or nudity
- • Pornography
- • Adult toys
Our policy around animals and wildlife products represents oFARME’s commitment to improving animal welfare in our own communities and in helping to protect threatened and endangered animals around the world.
Wildlife & wildlife products
You can certainly post many types of animal products. However, wildlife products that were sourced illegally or are being traded in contravention of any law are prohibited.
For more information, visit our detailed list of Wildlife & wildlife products.
Counterfeit or replica items
The sale of bootlegs, counterfeits, fakes, and unauthorized or pirated copies of items is illegal and not allowed on OfferUp, including:
- • Counterfeits, fakes, and replicas of brand-name items, including items “inspired” by a brand without permission of the owner
- • Bootlegged or unauthorized recordings
- • Pirated copies of any copyrighted materials
- • Use of a trademark or other implied affiliation with a brand
Shipping and counterfeit items
For more information, visit our Intellectual property policy .
Items that pose health and safety concerns or that are regulated or illegal are not allowed on OfferUp. These include but are not limited to:
- • Firearms, no exceptions
- • Knives primarily used as weapons or for self-defense. Note: Cutlery, kitchen, and utility knives are generally permitted
- • Mace, pepper spray, bear spray, tasers, and other weapons used to subdue humans or animals
- • Paintball guns, BB guns, guns that fire blanks, Airsoft Guns, and all related ammunition and accessories
- • Sporting weapons such as bows and arrows, crossbows, and archery items
- • Swords, if sharpened or functional. Note: Decorative blunt swords are generally permitted
- • Weapon parts and accessories, including any item that attaches to a firearm, ammunition, bullets, clips, arrows, and bolts
- • Body armor, including Kevlar and other tactical and protective vests, except protective clothing for sporting activities
- • Regulated chemicals, poisons, or substances
- • New or used airbags sold separately from a vehicle
- • Hazardous materials such as:
- • Fireworks
- • Explosives
- • Items deemed to pose significant health or safety risks to others
- • Recalled items (see below)
Items that are subject to a recall, typically because they are deemed unsafe or defective by federal regulators, are not allowed on OfferUp. These items present a unique risk because the harm they present is often not visibly apparent. Items recalled in the past include:
You should avoid selling or buying any recalled item or product. If you end up selling or buying a recalled item, you should contact the manufacturer as they may offer a refund, replacement, or voucher in exchange for surrendering the recalled item. For more information on recalled consumer products generally, visit the U.S. Consumer Product Safety Commission’s website.
The sale of homemade prepared food is subject to regulatory guidelines and often requires a permit. Because we can’t enforce these restrictions, prepared food is not allowed. Examples:
- • Most perishable goods, including meat, seafood, dairy, and cut fruits or vegetables unless licensed
- • Homemade shelf products, such as jams, jellies, and pickles unless licensed
- • Homemade meals or baked goods unless licensed
- • Eggs sold outside of the seller’s farm unless licensed
Exceptions to this policy include:
- • Whole, uncut fruits and vegetables
- • Eggs sold directly on the seller’s farm
- • Unopened and packaged commercially sold food goods (canned soup, packages of cookies, etc.) as long as the packaging has not been tampered with and the items are sold before their expiration date
Gift cards and reloadable cards are not allowed due to the risk for buyers. The balance can’t always be verified, and sometimes the card balance can be used or cancelled by the original purchaser.
Illegal items or encouraging illegal activity
Any item that is illegal or that encourages illegal activity is not allowed, including but not limited to:
- • Items with sensitive information such as IDs, passports, and social security cards
- • Fake or forged documents (such as licenses, IDs, diplomas, and government-issued documents)
- • Items received through Government Assistance
- • Offers to trade for illegal goods
- • Police badges or security uniforms, as these can be used to impersonate an officer or gain access to secure areas
- • Locked phones or devices, for example blacklisted, activation, iCloud or similar locks
- • Current vehicle license plates or plates that were valid in the last 5 years
- • Licence plate tags
- • TV streaming devices
- • Cars without titles
- • Canisters or cylinders of pressurized gas (such as CO2 or nitrous oxide)
- • Stolen or found goods
- • Rideshare signs
OfferUp is intended for the sale of individual, tangible items. Items must exist and be available for immediate sale. Examples of things that are not allowed include:
- • Services for intangible items such as dog walking, babysitting, and IT support
- • Advertisements
- • Links to or information about flea markets, yard sales, and garage sales
- • URLs, links, or redirecting to other websites
- • Rentals and timeshares
- • Multi-level marketing schemes and related promotional materials
- • Job postings
- • Lost pet ads
- • Wanted ads
- • Solicitations
- • Digital account transfers
- • Items planned for future purchase from another retailer, wholesaler, distributor, or manufacturer
- • Items of unknown contents such as “mystery boxes” or “grab bags”
- • Items where the photo does not match the title or description
Medical & healthcare items
Due to health and safety, privacy, and regulatory concerns, certain medical and healthcare items are not allowed for sale on OfferUp, including but not limited to:
- • Devices, drugs, and medications that require a prescription from a licensed medical practitioner (such as a dentist, doctor, optometrist, or veterinarian)
- • Listings that claim the item can diagnose, cure, mitigate, treat, or prevent a disease or viruses, including COVID-19 (the novel coronavirus)
- • Ventilators and other respiratory equipment
- • Cannabis and cannabis-derived products, such as CBD
- • Pills, vitamins, and supplements
- • Contact lenses
- • Used cosmetics
- • Used makeup sponges and applicators
- • Needles and items containing needles (such as syringes or tattoo equipment)
OfferUp is an inclusive community that welcomes users from all backgrounds. To build a respectful mobile marketplace, posts that contain foul language or that promote hatred, violence, or discrimination are not allowed. This includes posts that support hate or discrimination toward others based on age, race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation, or items that promote or glorify organizations with such views. Examples:
- • Posts containing racial slurs
- • Posts promoting intolerance or discrimination
- • Items that promote, support, or commemorate groups with views of hatred or intolerance (for example Nazi, Neo-Nazi, or KKK groups)
- • Items that depict or glorify violence against people or animals
- • Items that reflect people of color through offensive or dehumanizing caricatures, including historic, antique, or memorabilia items
Posts that violate any of our guidelines, policies, or terms may be removed at our discretion. Additional actions may be taken for severe or repeat offenses.