ROUND BALES SQUARE SOLUTIONS, LLC
DBA - HAY MARKETPLACE
TERMS AND CONDITIONS
I. CHOICE OF LAW; ARBITRATION; AND CLASS ACTION WAIVER
The internal laws of the State of Tennessee, without regard to any otherwise applicable choice of laws principles, shall govern any action related to these Terms of Service, the use of the Hay Marketplace application (“App”) or its business. If you do not agree to the following, then you should not avail yourself of the App or use any features of this App. Your use of this App will signify your agreement to all of the following provisions:
II. AGREEMENT TO ARBITRATE
In the event of a dispute between you and us arising under or relating to the Hay Marketplace App or its business, you hereby acknowledge and agree that by using the Hay Marketplace App, you are irrevocably agreeing to resolve any such dispute or claim through binding arbitration, as described below, instead of bringing an action in court. THIS MEANS THAT NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE OR CLAIM IN COURT OR TO HAVE A JURY TRIAL. YOU ACKNOWLEDGE AND AGREE THAT DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.
III. CLASS ACTION WAIVER
Pursuant to the terms of your agreement to ARBITRATE, as set forth in the following paragraph, any ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS THAT NEITHER YOU NOR HAY MARKETPLACE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR SIMILAR CAPACITY.
IV. ACCEPTANCE OF AND CHANGES TO TERMS OF SERVICE
By using our App and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service. If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with us, your only remedy is to discontinue use of our App. We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our App following the effective date contained in the notification or the posting of such changes on our App if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the then current terms and conditions of the Agreement. If you have questions or concerns about our specific terms, please send an e-mail to roundbalessquaresolutions@gmail.com.
V. USER OBLIGATIONS
You agree not to do any of the following while using the App:
VI. THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our App by any third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.
VII. PARENTAL CONTROL PROTECTIONS
As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor, recommend or endorse or have any commercial arrangement or control any of these companies or their services.
VIII. LINKS
Our App may contain links to other applications, websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on our App does not imply that we endorse, verify, have reviewed or monitor the link or the application reached through the link.
IX. COPYRIGHT NOTICE
All text, graphics, logos, icons, images, audio clips, video clips and software on the App ("Content") are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned by us or by third parties and the term “Content” will be used and mean to include these as well. Unless authorized in writing by an officer of Hay Marketplace, you may not use any Content without our prior written consent and even if we consent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or the copyright owner. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other website, application or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our App as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our App. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.
X. NOTICES
"Communication" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to your use of the App, including but not limited to information that we are required by law to provide to you in writing. We will give you any necessary Communications by posting them on our App. You authorize us to send any Communications and all changes to such Communications electronically. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
XI. DISCLAIMER OF WARRANTIES
Although we endeavor to provide current, accurate and reliable information on our App, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content or information. We cannot and do not warrant your use of our App, or the operation or function of our App, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the App is free of viruses or other harmful elements.
Your use of our App is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our App. We make no representations about the suitability, reliability, availability, timeliness and accuracy of our App. OUR APP AND THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
XII. LIMITATION OF LIABILITY
In no event shall we and/or our officers, directors, partners, owners, agents, contractors, representatives and/or retailers who fulfill your orders, be liable to you or anyone else for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our App, this Agreement, the use or performance of our App, the delay or inability to use our App, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through our App, or otherwise arising out of the use of our App, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR APP, OR WITH ANY PART OF THIS AGREEMENT OR YOUR TRANSACTIONS WITH US, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR APP. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS OUR LIABILITY OR YOUR REMEDIES UNDER THIS AGREEMENT.
XIII. INDEMNITY
You agree to defend, indemnify, and hold Hay Marketplace, its affiliates, employees, officers, directors and agents and licensed retailers which fulfill orders (“Hay Marketplace Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Hay Marketplace Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the App; (ii) your use of the App and your activities in connection with the App; (iii) your breach or alleged breach of these Terms of Service or the representations or warranties that you have made in these Terms of Service; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or regulatory authorities in connection with your use of the App or your activities in connection with the App; (v) information or material transmitted through your device used to access the App, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Hay Marketplace Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Hay Marketplace Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Hay Marketplace Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Hay Marketplace Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Hay Marketplace Party.
XI . PRIVACY POLICY
Your use of our App is also subject to our Privacy Policy.
XV. TERMINATION OF USE
We may terminate your Hay Marketplace access with or without cause at any time effective immediately. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the App at any time without prior notice.
XVI. FORCE MAJEURE
We shall be excused from performance under this Terms of Service if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.
XVII. GENERAL PROVISIONS
You agree that we and our agents, representatives, contractors, suppliers and others working on our behalf, may make improvements and/or changes in the Content on the App, and all features, functions and/or services may change at any time without notice and without liability of any kind. You are responsible for compliance with applicable laws and regulations that apply to you. Even if we don’t exercise some right or enforce some provision at any particular time, that doesn’t mean we have waived that or any other right in any way. If any provision of our Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. These Terms of Service, along with the our Privacy Policy and any other terms, conditions or provisions specifically referred to herein, comprises the entire agreement between you and us regarding the subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties with respect to same. These Terms of Service and our Agreement with you, is personal to you and you may not transfer, assign, or delegate any of them to anyone without our express written permission and any attempt to do so without prior written permission, will be void ab initio. These Terms of Service will inure to the benefit of our successors, assignees, and licensees. The headings are included for reference only and have no effect on the meaning of any provision.
XVIII. OUR COMMITMENT TO ACCESSIBILITY
Hay Marketplace is committed to making our App's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this App, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email our Customer Service team at roundbalessquaresolutions@gmail.com with “Disabled Access” in the subject line and provide a description of the specific feature that you believe is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control third party vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.
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