Your account is for your personal use only. You are entirely responsible for maintaining the confidentiality of your password and account and for restricting access to your computer. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MESA immediately of any unauthorized use of your account or any other breach of security. MESA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MESA or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. MESA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
To cancel your account, you are required to contact us directly. Inactivity on your account does not constitute or imply cancellation of the service, and any charges – should you have an account that incurs any charges – may continue to be incurred until official cancellation occurs with us. We accept account cancellation requests via email (email@example.com) or via phone (510-654-8858).
Once you have submitted a request to cancel, we will confirm a cancellation date of the last day of the current billing cycle from when we received your request, so you know when your account information will be removed from the Platform.
- engagement in any criminal or tortuous activity, including child pornography, fraud, trafficking obscene material, harassment, stalking, spamming, sending viruses or any other harmful files, theft or disclosure of trade secrets;
- copyright infringement, patent infringement;
- trademark infringement (or any unauthorized use of another’s trademarks, service marks, service names, and logos)
- harm to minors in any way, including soliciting private information from any person under 18;
- impersonation of any person or entity or other misrepresentation of your affiliation with a person or entity;
- interference with or disruption of the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; and
- intentional or unintentional violation of any applicable local, state, national or international law.
When you visit the Platform or send emails to MESA, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Platform. In addition, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY RIGHTS
Unless noted on specific resources within the Platform, the content on the Platform, including without limitation, the text, software, scripts, graphics, images, button icons, clips, digital downloads, data compilations, sounds, videos, articles, and the like (“Content”) and the trademarks, service marks, service names, and logos contained therein (“Marks”), are owned by or licensed to MESA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Platform is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Nor are you permitted to reverse engineer, or disassemble the Content or create any derivative work from the Platform. MESA reserves all rights not expressly granted in and to the Platform and the Content and the Marks. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than expressly permitted herein.
TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS
Through the Platform, we may provide an electronic web-based platform for exchanging information between buyers and suppliers of farm products and services. MESA does not represent the seller or the buyer in any specific transactions, and therefore does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Platform or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
You are hereby made aware that there are risks of dealing with people acting under false pretenses. MESA verifies the accuracy of certain information you provide us when you register on the Platform. However, because verification of your information on the Internet is difficult, MESA cannot and does not confirm your purported identity. We encourage you to use the various tools, as well as common sense, to evaluate the parties or individuals with whom you are dealing.
You acknowledge that you are fully assuming the risks of purchase and sale transactions when using the Platform to conduct transactions, and that you are fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Platform may violate or may be asserted to violate third party rights, and the risk that you may incur costs of defense or other costs in connection with third parties’ assertion of their rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party claimants. Such risks also include the risks that consumers, other purchasers, end-users of products, or others claiming to have suffered injuries or harms relating to product originally obtained by you from the Platform as a result of purchase and sale transactions in connection with using the Platform may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks.” You agree that MESA shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.
You are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Platform, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
In the event that you have a dispute with any party to a transaction, you agree to release and indemnify MESA (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
LINKS TO THIRD-PARTY SITES
Because of the global nature of the Internet, as a condition of your use of the Platform, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access the Platform, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.
RISK OF LOSS
All items ordered through MESA are made pursuant to a shipment contract by and between third parties. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2).
MESA posts product descriptions as provided by the sellers on the Platform. MESA makes no representations in connection with the products on the Platform or the related description of such products. However, MESA does not warrant that product descriptions or other content of the Platform is accurate, complete, reliable, current, or error-free.
Except where noted otherwise, the prices displayed for products on the Platform represent actual prices provided by suppliers. Despite our best efforts, pricing may or may not represent the actual price in every area on any particular day for whatever reason.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITIES
UNDER NO CIRCUMSTANCES SHALL MESA BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, MONEY, GOODWILL, REPUTATION OR INTERRUPTION OF BUSINESS (EVEN IF MESA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF THE PLATFORM OR ANY SERVICES PROVIDED THEREIN. IN NO EVENT SHALL THE TOTAL OBLIGATIONS OR LIABILITY OF MESA HEREUNDER EXCEED $100. REGARDLESS OF ANY LAW TO THE CONTRARY, NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST MESA MORE THAN ONE YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE.
You hereby agree to indemnify, defend and hold harmless MESA and our parents, subsidiaries, successors, and affiliates, and each of their respective directors, officers, agents, representatives and employees, from any and all losses, claims, causes of action, damages, demands, costs, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from or is related to or is a result of (i) your use of the Platform (including but not limited to the display of your information on the Platform) or from your breach of any of the terms and conditions set forth herein; (ii) your breach of any representations and warranties made by you to MESA or (iii) any claims asserted by a third party relating to products offered or displayed on the Platform.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
OUR MAILING ADDRESS
MESA, PO BOX 40113, Berkeley, CA 94704; firstname.lastname@example.org